Ex Parte Levine - Page 9



            Appeal No. 2006-0432                                                                       
            Application No. 09/968,085                                                                 

                  Thus, we will sustain the rejection of claim 2 under 35                              
            U.S.C. § 102(b).                                                                           
                  Appellant’s arguments as to claims 3 and 12, at page 5 of                            
            the brief, appear to rely on their dependency from claims 2 and                            
            9, respectively, rather than on the specific limitations of                                
            claims 3 and 12.  Accordingly, for the reasons supra, we will                              
            sustain the rejection of claims 3 and 12 under 35 U.S.C.                                   
            § 102(b).                                                                                  
                  Similarly, the arguments regarding claims 4, 5, and 11, at                           
            page 5 of the brief, appear to rely on the arguments set forth                             
            anent the claims from which these claims depend.  Accordingly, we                          
            will sustain the rejection of claims 4, 5, and 11 for the reasons                          
            supra, regarding the independent claims.                                                   
                  With regard to claims 6 and 12, appellant stresses that the                          
            claims contain certain “options,” such as probe type, chart                                
            speed, chart type, etc.  The examiner pointed to column 1, lines                           
            64-67, of Levine, wherein the recorder may be used to “directly                            
            control equipment in accordance with the set points...” in order                           
            to show visible options/printed parameters and how they relate to                          
            external control.                                                                          
                  Appellant argues that what are disclosed in Levine are not                           
            options, but rather control equipment that may be driven by the                            
                                                  9                                                    




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007