Appeal No. 2006-1663
Application No. 09/871,883
CLAIMS 34-35
Claims 34 and 35 depend from claims 33 and 34, respectively. Claim 33, as
noted above, depends from claim 31. Claims 34-35 are rejected under 35 U.S.C.
§ 103(a) over Farrar in view of Otsuka and further in view of Havemann. Because
claims 34-35 ultimately depend from claim 31, the rejection of these claims cannot
be sustained for the same reasons the rejection of claim 31 could not be sustained.
Accordingly, we reverse the 35 U.S.C. § 103(a) rejection of claims 34 and
35 over Farrar in view of Otsuka and further in view of Havemann.
CONCLUSION
We have affirmed the 35 U.S.C. § 103(a) rejection of claims 1-4, 6-13, 15-
20, 22-25 and 27-29 as being unpatentable over Farrar in view of Havemann.
We have reversed the 35 U.S.C. § 103(a) rejection of claims 30-33 as being
unpatentable over Farrar in view of Otsuka.
We have reversed the 35 U.S.C. § 103(a) rejection of claims 34 and 35 as
being unpatentable over Farrar in view of Otsuka and further in view of
Havemann.
The decision of the Examiner is affirmed-in-part.
26
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: November 3, 2007