Ex Parte Tuman et al - Page 2



          Appeal No. 2005-1988                                                         
          Application No. 09/822,651                                                   

               Claims 21-31, 33-35, 37, 39, 40, 42-48, 50-53 and 55 stand              
          rejected under 35 U.S.C. § 102(b), as being anticipated by                   
          Thomas. Claims 21-26, 28-31, 33, 39, 40, 42-48, 50-53, and 55                
          stand rejected under 35 U.S.C. § 102(b) as being anticipated by              
          Wessels.                                                                     
               Claims 32, 41 and 54 stand rejected under 35 U.S.C. § 103(a)            
          as being obvious over Wessels in view Murasaki.                              
               Claims 34-37, stand rejected under 35 U.S.C. § 103(a) as                
          being unpatentable over Wessels.                                             
               Claim 38 stands rejected under 35 U.S.C. § 103(a) as being              
          obvious over Thomas in view of Shepard.                                      
               Claims 40, 42-48, 50-53, 55, and 56-701 stand rejected under            
          35 U.S.C. § 103(a) as being obvious over Wessels in view of                  
          Allen.                                                                       
               The rejection of claims 32, 41 and 54 under 35 U.S.C. § 103             
          as being obvious over Thomas in view of Murasaki has been                    
          withdrawn.  Answer, page 6.                                                  
               To the extent that appellants provide specific arguments                
          regarding patentability, with respect to a particular claim, we              
          consider such claim in this appeal.  See 37 CFR                              
          § 41.37(c)(1)(vii)(September 2004); formerly 37 CFR                          
                                                                                      
          1 We include claim 57 in this rejection because it depends upon claim        
          56. We note, however, that both appellants and the examiner did not          
          list claim 57 in this rejection; yet, both appellants and the examiner       
          state claim 57 is rejected (see Brief, page 2 and the answer, page 2         
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