Ex Parte Benzer - Page 2


                   Appeal No. 2006-1881                                                                                             
                   Application 10/145,408                                                                                           



                           The following references are relied on by the examiner:                                                  
                           Ker et al. (Ker)                       6,249,410              Jun.  19, 2001                             
                           Raman et al. (Ramana)                  6,424,170              Jul.   23, 2002                            
                   (Filed May 18, 2001)                                                                                             
                           Botker                                 6,653,894              Nov. 25, 2003                              
                   (Filed Apr. 18, 2002)                                                                                            
                           Claims 1 through 7, 9, 10, 16, 17, 19 through 24, 28 through 30, 33 through 37,                          
                   39, 41, 43, 45 and 49 stand rejected under 35 U.S.C. § 102(e) as being anticipated by Ker.                       
                   All remaining claims on appeal stand rejected under 35 U.S.C. § 103.  As evidence of                             
                   obviousness, the examiner relies upon Ker alone as to claims 31, 32, 38, 40, 42, 44, 46                          
                   and 50.  As to claims 14 and 15, the examiner relies upon Ker in view of Botker, and as                          
                   to claims 18, 25, 47 and 48, the examiner relies upon Ker in view of Raman.                                      
                           Rather than repeat the positions of the appellant and the examiner, reference is                         
                   made to the brief and reply brief for the appellant’s positions, and to the answer for the                       
                   examiner’s positions.                                                                                            
                                                            OPINION                                                                 
                           For the reasons set forth by the examiner in the answer, as expanded upon here,                          
                   we sustain the respective rejections of the noted claims under 35 U.S.C. § 102 and                               
                   35 U.S.C. § 103.                                                                                                 










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