Ex Parte Datesman et al - Page 15



           Appeal No. 2006-1095                                                  Page 15             
           Application No. 10/280,188                                                                

           sustain the examiner’s rejection of claim 1 as being anticipated by Dietz for             

           essentially the same reasons argued by the examiner.  We note that                        

           appellants have not presented any substantive arguments directed                          

           separately to the patentability of dependent claims 12-15 and 18-20, 22 and               

           23.  Therefore, we will also sustain the examiner’s rejection of these claims             

           as being anticipated by Dietz for the same reasons set forth in the rejection.            



           III.  We consider next the examiner’s rejection of claims 2, 3 and 26 as                  

           being unpatentable over the teachings of Boiarski [answer, pages 7-9 ].  We               

           note that appellants have not presented any substantive arguments directed                

           separately to the patentability of these dependent claims.  See In re Nielson,            

           816 F.2d at 1572, 2 USPQ2d at 1528.  See also 37 C.F.R.                                   

           §  41.37(c)(1)(vii)(2004).  Therefore, we will sustain the examiner’s                     

           rejection of these claims as being unpatentable over the teachings of                     

           Boiarski for the same reasons set forth in the rejection.                                 



           IV.  We consider next the examiner’s rejection of claim 6 as being                        

           unpatentable over the teachings of Boiarski in view of Fardad [answer, page               

           10].  We note that appellants have not presented any substantive arguments                

           directed separately to the patentability of dependent claim 6.  Therefore, we             









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