Ex Parte Rastegar et al - Page 3




                Appeal No.  2005-2724                                                                                                               
                Application No. 10/236,005                                                                                                          

                II. Claims 6-9 stand rejected under 35 U.S.C. §103(a) as unpatentable over Hershey                                                  
                in view of Jalan.  (Answer, p. 8-9).                                                                                                
                       We have carefully reviewed the claims, specification and applied prior art,                                                  
                including all of the arguments advanced by both the Examiner and Appellants in                                                      
                support of their respective positions.  This review leads us to conclude that the §103                                              
                rejection of claims 1, 2 and 5-15 is well founded.  However, we conclude that the                                                   
                rejection of claims 3 and 4 is not well founded.  Our reasons follow.                                                               
                                                            OPINION1                                                                                
                       Claims 1-5 and 10-15 stand rejected under 35 U.S.C. § 103(a) as                                                              
                unpatentable over Hershey.                                                                                                          
                       The Examiner found that Hershey discloses a munitions cartridge                                                              
                transmitter (housing) that is dischargeable from a propelling device.  The                                                          
                cartridge comprises a hollowed shell containing a power supply (235), such as,                                                      
                a battery, that provides electrical energy to a component such as a transmitter                                                     
                (230) and a signal generator (220), i.e., power consuming elements.  (See col.                                                      
                9, ll. 54-58) (Answer, pp. 3-4).                                                                                                    

                                                                                                                                                   
                1 Rather than reiterate the conflicting viewpoints advanced by the Examiner and the Appellants                                      
                concerning the above-noted rejections, we refer to the Answer, mailed June 27, 2005, and the Briefs,                                
                filed May 4, 2005 and August 28, 2005.                                                                                              



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