Ex Parte Blum et al - Page 9



          Appeal No. 2004-1443                                                        
          Application No. 09/559,695                                                  


          We will not sustain the examiner’s rejection of                             
          independent claim 10 or of claims 11-17 which depend therefrom              
          for the reasons argued by appellants in the briefs.  The                    
          examiner’s rejection of claim 10 and response to appellants’                
          arguments treat claim 10 as if it is the same as claim 1.  As               
          noted by appellants, however, claim 10 is substantially different           
          from claim 1, and the examiner has failed to address the specific           
          limitations of claim 10 or respond to appellants’ specific                  
          arguments directed to claim 10.                                             
















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