Ex Parte Kurtzer - Page 7



          Appeal No. 2005-1004                                            7           
          Application No. 09/656,333                                                  

               As the examiner’s application of Munker does not cure the              
          foregoing deficiencies of Schaede relative to parent claim 1, we            
          also shall not sustain the standing 35 U.S.C. § 103(a) rejection            
          of dependent claim 11 as being unpatentable over Schaede in view            
          of Munker.                                                                  
                                      SUMMARY                                         
               The decision of the examiner:                                          
               a) to reject claims 7 and 9 under 35 U.S.C. § 112, second              
          paragraph, is affirmed;                                                     
               b) to reject claims 1, 2, 8 and 10 under 35 U.S.C. § 102(b)            
          as being anticipated by Schaede is reversed; and                            
               c) to reject claim 11 under 35 U.S.C. § 103(a) as being                
          unpatentable over Schaede in view of Munker is reversed.                    

















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