Ex Parte Ko et al - Page 7




              Appeal No. 2006-0783                                                                                     
              Application No. 10/396,164                                                                               

              patentability.  See 37 C.F.R§ 41.37(c)(vii).  The substance of Appellants’ discussion of                 
              the Pu reference is the same as presented for the rejection of claim 9.  As such, we affirm              
              the rejection of these claims for the reason set forth above and in the Answer.                          
                     Consequently, we shall also sustain the Examiner’s § 103 rejection, as to all of the              
              rejected claims, on this record.                                                                         
                                                  CONCLUSION                                                           
                     The Examiner’s rejection of claims 9 and 11 to 14 under 35 U.S.C. § 102(e) as                     
              anticipated by, or in the alternative under 35 U.S.C. § 103(a) as obvious over Pu is                     
              affirmed.                                                                                                



















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