Ex Parte Lowry - Page 4



          Appeal No. 2005-2489                                                        
          Application No. 09/949,736                                                  

          Karlson                       4,052,603           Oct.  4, 1977             
          Gartner et al. (Gartner)      5,254,832           Oct. 19, 1993             
          Somers et al. (Somers)        6,140,604           Oct. 31, 2000             
                                   THE REJECTIONS                                     
               The appealed claims stand rejected as follows:                         
          (1)  Claims 19 through 33, 37, 40 and 42 through 44 under                   
          35 U.S.C. § 102(b) as anticipated by the disclosure of Gartner;             
          (2)  Claim 38 under 35 U.S.C. § 103 as unpatentable over the                
          disclosure of Gartner;                                                      
          (3)  Claims 34 through 36 under 35 U.S.C. § 103 as unpatentable             
          over the combined disclosures of Gartner and Somers; and                    
          (4) Claim 41 under 35 U.S.C. § 103 as unpatentable over the                 
          combined disclosures of Gartner and Karlson.                                
                                       OPINION                                        
               We have carefully reviewed the claims, specification and               
          applied prior art, including all of the arguments and evidence              
          advanced by the examiner and the appellant in support of their              
          respective positions.  As a result of this review, we made the              
          determinations which follow.2                                               


               For purposes of this appeal, we limit our discussion to2                                                                     
          the claim specifically argued by the appellant in accordance with           
          37 CFR § 41.37(c)(1)(vii).                                                  
                                          4                                           




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