Ex Parte Briand et al - Page 7



         Appeal No. 2006-1240                                                       
         Application No. 10/075,839                                                 
              With respect to the rejection of the remaining claims, we             
         note that the Examiner relies on Avis for additional features              
         claimed in the other dependent claims.  However, the Examiner has          
         not pointed to any convincing rationale in modifying Avis in order         
         to overcome the deficiencies of Zhu as discussed above.                    
         Accordingly, we do not sustain the 35 U.S.C. § 103 rejection of            
         claims 4-7 and 10 over Zhu and Avis.                                       
                                      CONCLUSION                                    
              In view of the foregoing, the decision of the Examiner                
         rejecting claims 1-3, 8, 9 and 11-14 under 35 U.S.C. § 102 and             
         rejecting claims 4-7 and 10 under 35 U.S.C. § 103 is reversed.             
                                       REVERSED                                     


                        JERRY SMITH )                                               
                        Administrative Patent Judge )                               
                                                      )                             
                                                      )                             
                                                      )                             
                                                      ) BOARD OF PATENT             
                        HOWARD B. BLANKENSHIP )     APPEALS                         
                        Administrative Patent Judge )       AND                     
                                                      )  INTERFERENCES              
                                                      )                             
                                                      )                             
                                                      )                             
                        MAHSHID D. SAADAT )                                         
                        Administrative Patent Judge )                               
         MDS/rwk                                                                    
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