Ex Parte Birrenkott et al - Page 17

                Appeal 2006-1127                                                                              
                Application 10/712,970                                                                        
                             based upon appellant's contentions hereinabove                                   
                             regarding the rejections under section 102 of                                    
                             claims 1, 19 and 27, Norman does not contain all                                 
                             of the limitations of any of the rejected claims and                             
                             the examiner does not contend that the limitations,                              
                             absent from Norman, are found in other cited                                     
                             references.                                                                      
                                   . . .  Norman alone and in all of the cited                                
                             combinations fail to meet this requirement.                                      
                             Thus, the examiner has not met his burden of                                     
                             making a proper rejection [Reply Br. 11].                                        
                      We are unpersuaded by Appellants’ general argument that the cited                       
                combinations fail to include all of the limitations of the rejected claims                    
                because the argument fails to particularly refute the Examiner’s respective                   
                conclusions of obviousness pertaining to each of claims 10, 13, and 18.                       
                Appellants have provided no specific analysis in support of their argument                    
                that distinguishes each rejected claim from the respective combination of                     
                teachings applied against it.  Thus, we are constrained to agree with the                     
                Examiner’s conclusions of obviousness regarding claims 10, 13 and 18 for                      
                the reasons advanced by the Examiner (Answer 14-15).                                          
                      Accordingly, we sustain the obviousness rejection of claims 10, 13,                     
                and 18 over Norman.                                                                           
                      As indicated above, claim 26 depends from claim 19, the rejection of                    
                which has not been sustained.  Accordingly, we will not sustain the                           
                obviousness rejection of claim 26 for the reasons presented above.                            







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