Appeal No. 2005-2694
Application No. 10/208,631
§ 103(a) rejection of claims 1, 113 and 114, and dependent claims
2, 3, 9-13, 15-21, 56, 69-71 and 76-84, as being unpatentable over
Albright in view of Grabhorn.
II. The 35 U.S.C. § 103(a) rejection of claims 4-8 as being
unpatentable over Albright in view of Grabhorn and Burke
As the examiner’s application of Burke does not overcome the
deficiencies of Albright and Grabhorn relative to parent claim 1,
we shall not sustain the standing 35 U.S.C. § 103(a) rejection of
dependent claims 4-8 as being unpatentable over Albright in view of
Grabhorn and Burke.
III. The 35 U.S.C. § 103(a) rejection of claim 14 as being
unpatentable over Albright in view of Grabhorn and either Ito or
Garcia
Since the examiner’s citation of either Ito or Garcia fails to
cure the shortcomings of Albright and Grabhorn with respect to
parent claim 1, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 14 as being unpatentable over Albright
in view of Grabhorn and either Ito or Garcia.
SUMMARY
The decision of the examiner to reject claims 1-21, 56, 69-71,
76-84, 113 and 114 is reversed.
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