Appeal No. 2006-1021 Page 3
Application No. 09/851,882
43-46, and 54 stand rejected under 35 U.S.C. § 103 as being unpatentable over
the combination of Product Insert, Press Release, Business Wire, Bertelli, and
FDC.
III. Claims 13, 16, 18, 22, 28, 31-33, 36, 42, 47-53, and 55-68 stand
rejected under 35 U.S.C. § 103 as being unpatentable over the combination of
Product Insert, Press Release, Business Wire, Bertelli, FDC and Hoppe.
IV. Claims 23-25 and 37 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the combination of Product Insert, Press Release, Business
Wire, Bertelli, FDC, Hoppe, and Raab.
We affirm Rejection I. Having disposed of claims 23-25 and 37, we do not
reach the merits of Rejection IV. We reverse Rejection II and Rejection III.
DISCUSSION
Rejection I:
Claims 1-13, 17-29, and 32-68 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the combination of Hoppe and Raab. Appellants have
provided arguments for the following three claim groupings: I. claims 1-13,
15-29, 32-43, and 62-68; II. claims 43, 44, and 46-61; and III. claim 45.
Accordingly, we limit our discussion to representative claims 1, 45 and 46.
Claims 2-13, 15-29, 32-43, and 62-68 will stand or fall together with claim 1.
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