Ex Parte Lowry - Page 16



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

          references.  Accordingly, we affirm the examiner’s decision                 
          rejecting claim 41 under 35 U.S.C. § 103.                                   
               As evidence of obviousness of the subject matter defined by            
          claim 38, the examiner relies only on the disclosure of Gartner.            
          However, we find nothing in Gartner, which teaches placing the              
          claimed dust bin below the x-y table to receive particles falling           
          through the perforations therein.   Thus, we reverse the                    
          examiner’s decision rejecting claim 38 under Section 103.                   
                                     CONCLUSION                                       
               In summary,                                                            
               1) the examiner’s decision rejecting claims 19 through 33,             
          37, 40 and 42 through 44 under Section 102 is affirmed;                     
               2) the examiner’s decision rejecting claims 34 through 36              
          and 41 under Section 103 is affirmed; and                                   
               3) the examiner’s decision rejecting claim 38 under Section            
          103 is reversed.                                                            








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