Ex Parte McCarthy - Page 3



        Appeal No. 2006-0600                                  3                       
        Application No. 10/163,249                                                    

        Claims 25 through 30 stand rejected under 35 U.S.C. § 103(a)                  
        as being unpatentable over McLaughlin in view of Dawda and                    
        Cummings.                                                                     

        Rather than reiterate the examiner's full statement of the                    
        above-noted rejections and the conflicting viewpoints advanced by             
        the appellant and examiner regarding those rejections, we make                
        reference to the examiner's answer (mailed August 31, 2005) for the           
        reasoning in support of the rejections, and to appellant’s brief              
        (filed July 6, 2005) and reply brief (filed October 27, 2005) for             
        the arguments thereagainst.                                                   

                                OPINION                                              

        In reaching our decision in this appeal, we have given careful                
        consideration to appellant’s specification and claims, to the                 
        applied prior art references, and to the respective positions                 
        articulated by appellant and the examiner.  As a consequence of our           
        review, we have made the determinations which follow.                         

        In making the rejection of claims 1 through 4, 6, 7 and 9                     
        based on the combined teachings of Overby, Dawda and Cummings                 













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