Ex Parte Huang - Page 6




               Appeal No. 2006-0223                                                                                               
               Application No. 09/754,969                                                                                         

                   II.    Whether the Rejection of Claims 15-24 Under 35 U.S.C. § 103 is proper?                                  

                      It is our view, after consideration of the record before us, that the evidence relied upon                  
               and the level of skill in the particular art would have suggested to one of ordinary skill in the art              
               the invention as set forth in claims 15-24.  Accordingly, we affirm.                                               
                      With respect to independent claim 15, Appellant merely repeats the argument made with                       
               respect to claim 1 that, “actions are taken directly with the DTD file.”  We have already                          
               addressed this argument.  Appellant has not presented any argument to show that claim 15 is                        
               separately patentable from claim 1.  Therefore these claims stand or fall with claim 1, and we                     
               will sustain the Examiner’s rejection under 35 U.S.C. § 103.                                                       


                   III.   Whether the Rejection of Claims 25-27 and 29-42 Under 35 U.S.C. § 103 is                                
                          proper?                                                                                                 

                      It is our view, after consideration of the record before us, that the evidence relied upon                  
               and the level of skill in the particular art would have suggested to one of ordinary skill in the art              
               the invention as set forth in claims 25-27 and 29-42.  Accordingly, we affirm.                                     
                      With respect to claims 25-27 and 29-42, Appellant merely references the arguments made                      
               with respect to claim 1.  Therefore these claims stand or fall with claim 1, and we will sustain the               
               Examiner’s rejection under 35 U.S.C. § 103.                                                                        





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