Appeal No. 2005-0351
Application 10/186,871
Jouppi in view of Fuchs, further in view of Wong. To clarify
which claims are actually on appeal within this latter rejection,
the cover sheet and page 3 of the Final Rejection make clear
that claims 9 through 13 and 15 through 18 stand rejected under
35 U.S.C. § 103. To the extent the examiner fails to properly
identify claims 17 and 18 as within this 35 U.S.C. § 103
rejection in the Answer, this situation appears inadvertent
since it is the final rejection from which appellant appeals.
Rather than repeat the positions of the appellant and
the examiner, reference is made to the Brief and Reply Brief for
appellant’s positions, and to the Final Rejection and Answer for
the examiner’s positions.
OPINION
For the reasons set forth by the examiner in the
extensive Answer, we sustain the rejection of claim 18 under
35 U.S.C. § 102 and the rejection of claims 9 through 13, 17
and 18 under 35 U.S.C. § 103. We slightly expand upon the
examiner’s reasoning here.
Appellant has presented separate arguments as to
independent claim 18 and its rejection under 35 U.S.C. § 102 and
3
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