Ex Parte Achatz et al - Page 3



          Appeal No. 2006-0228                                                                        
          Application No. 10/158,028                                                                  

          Claims 1 through 3, 5 and 6 stand rejected under 35 U.S.C.                                  
          § 103(a) as being unpatentable over Omata in view of Mahaffey.                              

          Claim 9 stands rejected under 35 U.S.C. § 103(a) as being                                   
          unpatentable over Omata in view of Mahaffey as applied to claim 1                           
          above, and further in view of Aylward.                                                      

          Rather than attempt to reiterate the examiner's commentary                                  
          with regard to the above-noted rejections and the conflicting                               
          viewpoints advanced by appellants and the examiner regarding                                
          those rejections, we make reference to the answer (mailed August                            
          12, 2004) for the examiner's reasoning in support of the                                    
          rejections, and to appellants’ brief (filed June 21, 2004) and                              
          reply brief (filed October 18, 2004) for the arguments                                      
          thereagainst.                                                                               

                                       OPINION                                                        
          In reaching our decision in this appeal, we have given                                      
          careful consideration to appellants’ specification and claims, to                           
          the applied prior art references, and to the respective positions                           
          articulated by appellants and the examiner.  As a consequence of                            

                                          3                                                           











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007