Ex Parte Evans - Page 10




            Appeal No. 2005-2211                                                       Παγε 10                                  
            Application No. 10/715,002                                                                                          


            called for in claims 16 and 21.  As also discussed above, the examiner's additional                                 
            application of Sturrus, Hamaya and Glance fails to remedy this deficiency.                                          
                  In light of the above, we cannot sustain the examiner's rejection of claims 1, 5-8                            
            and 16-21 as being anticipated by Scrivo, the rejection of claims 9 and 11-14 as being                              
            unpatentable over Scrivo in view of Sturrus, the rejection of claim 4 as being anticipated                          
            by or unpatentable over Scrivo, the rejection of claim 3 as being unpatentable over                                 
            Scrivo, the rejection of claims 2 and 10 as being unpatentable over Scrivo or Scrivo in                             
            view of Sturrus and further in view of Hamaya or the rejection of claims 22, 23, 25 and                             
            26 as being unpatentable over Scrivo or Scrivo in view of Sturrus further in view of                                
            Glance.                                                                                                             
                                              CONCLUSION                                                                        
                  To summarize, the rejection of claims 15 and 29 under 35 U.S.C. § 112, second                                 
            paragraph, is affirmed.  All other rejections are reversed.  The examiner's decision is                             
            AFFIRMED-IN-PART.                                                                                                   




























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