Ex Parte No Data - Page 4



         Appeal No. 2006-0790                                                       
         Reexamination Control No. 90/005,117                                       

              I. claims 1 through 3 and 10 through 12 as                            
                        unpatentable over the combined teachings of                 
                        Damark and Teague (examiner’s answer mailed on              
                        May 24, 2005 at 3; final Office action at 2);               
      5       II. claims 4 through 9 as unpatentable over the                       
                        combined teachings of Damark, Teague, and                   
                        Dalebout (answer at 3; final Office action at 3);           
                        and                                                         
              III. claim 13 as unpatentable over the combined                       
     10                 teachings of Damark and Day (answer at 3; final             
                        Office action at 3-4).                                      
              For the reasons discussed below, we affirm rejections I and           
         II but not III.                                                            

     15                          Findings of Fact2                                  
              We make the following findings of fact by at least a                  
         preponderance of the evidence.                                             
              1. The appellant states that: (i) claims 1 through 3 and              
                   10 through 12 stand or fall together with respect to             
     20            rejection I; and (ii) claims 4 through 9 stand or fall           
                                                                                   
              2  In the “Discussion” section below, we number our findings          
         of fact as “FF__.”                                                         
                                         4                                          



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