Appeal No. 2005-1264 Page 12
Application No. 09/682,594
The examiner’s application of the teachings of Parkins provides no cure for the
deficiency of Aftanas discussed above. It therefore follows that the rejection of claims
35 and 37-39 as being unpatentable over Aftanas in view of Parkins also cannot be
sustained.
CONCLUSION
To summarize, the rejection of claims 35 and 37-39 under 35 U.S.C. § 112, first
paragraph, is sustained and the rejections of claims 35 and 37 under 35 U.S.C. § 102(e)
and claims 35 and 37-39 under 35 U.S.C. § 103 are reversed. As a rejection of each of
the claims on appeal has been sustained, the examiner’s decision is affirmed.
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