Ex Parte Mathus et al - Page 2



          Appeal No. 2005-2350                                                        
          Application No. 10/056,352                                                  

               The following references are relied on by the examiner.                
          Mizobuchi et al. (Mizobuchi)   6,133,342           Oct. 17, 2000            
          (filed: Jan. 21, 1999)                                                      
          Moh et al. (Moh)               6,165,594           Dec. 26, 2000            
          (filed: Jan. 15, 1998)                                                      
          Wijnschenk et al. (Wijnschenk) 6,270,728 B1         Aug. 7, 2001            
          (Section 102(e) date: Jan. 29, 1999)                                        
               Claims 22 through 36 stand rejected under 35 U.S.C. § 103.             
          As evidence of obviousness as to claims 22 through 32, the                  
          examiner relies upon Wijnschenk in view of Moh, with the addition           
          of Mizobuchi as to claims 33 through 36.                                    
               Rather than repeat the positions of the appellants and the             
          examiner, reference is made to the brief and reply brief for                
          appellants’ positions, and to the answer for the examiner’s                 
          positions.                                                                  
                                       OPINION                                        
               Generally for the reasons set forth by the examiner in the             
          answer, we sustain the rejections of all claims on appeal under             
          35 U.S.C. § 103.  As indicated at the bottom of page 2 of the               
          principal brief on appeal, the appellants have indicated that               
          claims 22 through 36 fall together.  Arguments are presented in             
          the brief only as to independent claim 22 with the patentability            
          of independent claim 29 urged at page 5 to be dependent upon the            
          arguments presented as to independent claim 22.                             

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