Ex Parte Markusch et al - Page 3



          Appeal No. 2006-0631                                                        
          Application No. 10/138,539                                                  

               Appealed claims 1-4, 8-10 and 27 stand rejected under                  
          35 U.S.C. § 103(a) as being unpatentable over Payne in view of              
          Adam.  Claims 5-7 stand rejected under 35 U.S.C. § 103(a) as                
          being unpatentable over the stated combination of references                
          further in view of Markusch.  Claims 11-17, 21-26, 28 and 29                
          stand rejected under 35 U.S.C. § 103(a) as being unpatentable               
          over the stated combination of references further in view of                
          Geotechnical.  Also, claims 18-20 stand rejected under 35 U.S.C.            
          § 103(a) as being unpatentable over Payne in view of Adam,                  
          Geotechnical and Markusch.                                                  
               Appellants do not set forth separate substantive arguments             
          for the separate groups of claims rejected by the examiner.                 
          Accordingly, all the claims stand or fall together and we will              
          limit our consideration to the examiner's § 103 rejection of                
          claim 1.                                                                    
               We have thoroughly reviewed each of appellants' arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter would have been                
          obvious to one of ordinary skill in the art within the meaning of           
          § 103 in view of the applied prior art.  Accordingly, we will               
          sustain the examiner's rejections for essentially those reasons             


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