Ex Parte Michelson - Page 7



          Appeal No. 2005-1002                                                        
          Application No. 09/991,247                                                  

          § 103(a) rejection of claim 1 as being unpatentable over                    
          Michelson ‘973 in view of Boyce ‘187.                                       
               As claims 2, 3 and 5 through 88 stand or fall with claim 1,            
          we also shall sustain the standing 35 U.S.C. § 103(a) rejection             
          of claims 2, 3, 5 through 16, 18, 23 through 49, 55 through 78              
          and 84 through 88 as being unpatentable over Michelson ‘973 in              
          view of Boyce ‘187, the standing 35 U.S.C. § 103(a) rejection of            
          claims 17, 50 and 79 as being unpatentable over Michelson ‘973 in           
          view of Boyce ‘187 and Boyce ‘939, and the standing 35 U.S.C.               
          § 103(a) rejection of claims 19 through 22, 51 through 54 and 80            
          through 83 as being unpatentable over Michelson ‘973 in view of             
          Boyce ‘187 and Michelson ‘437.                                              

                                       SUMMARY                                        
               The decision of the examiner to reject claims 1 through 3              
          and 5 through 88 is affirmed.                                               
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 






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