Ex Parte Zimmerman et al - Page 21




                  Appeal No. 2005-1180                                                                                                                          
                  Application No. 09/791,298                                                                                                                    


                  combination of Peiker, Pickard and Sorensen.  See Answer, p. 10.                                                                              
                            Claim 31 is dependent on claim 20, and claims 32-35 are ultimately dependent on claim                                               
                  20.  See 37 CFR § 1.75(c) (2003) (“Claims in dependent form shall be construed to include all                                                 
                  the limitations of the claim incorporated by reference into the dependent claim.”).  Sorensen                                                 
                  fails to cure the deficiencies noted above in section "I."  Therefore, the rejection of claims 31-35                                          
                  under 35 U.S.C. § 103(a) as being unpatentable over the combination of Peiker, Pickard and                                                    
                  Sorensen is reversed.                                                                                                                         
                            M.       Rejection of claim 36                                                                                                      
                            Claim 36 is rejected under 35 U.S.C. § 103(a) as being unpatentable over the                                                        
                  combination of Peiker, Pickard, Sorensen and Cramer.  See Answer, pp. 10-11.                                                                  
                            Claim 36 depends from claim 35 which ultimately depends from claim 20.  See 37 CFR                                                  
                  § 1.75(c) (2003) (“Claims in dependent form shall be construed to include all the limitations of                                              
                  the claim incorporated by reference into the dependent claim.”).  Cramer fails to cure the                                                    
                  deficiencies noted above in section "I."  Therefore, the rejection of claim 36 under 35 U.S.C.                                                
                  § 103(a) as being unpatentable over the combination of Peiker, Pickard, Sorensen and Cramer is                                                
                  reversed.                                                                                                                                     




                            N.       Rejection of claim 37                                                                                                      
                            Claim 37 is rejected under 35 U.S.C. § 103(a) as being unpatentable over the                                                        

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