Ex Parte Benzer - Page 3


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


                           At the outset, we note that no arguments are presented in the brief with respect to                      
                   independent claim 45.  According to page 4 of the final rejection and page 5 of the                              
                   answer, claim 45 is included within the rejection of claims under 35 U.S.C. § 102.                               
                   Because no arguments are presented regarding the patentability of independent 45 in the                          
                   brief or reply brief, we summarily sustain the rejection of this claim.  We note further that                    
                   pages 31 through 39 of the brief apparently reargue the subject matter presented earlier in                      
                   the brief at pages 21 through 29 with respect to independent claims 16, 17, 28, 39, 41, 43                       
                   and 49.  The examiner’s responsive arguments at pages 11 through 13 of the answer                                
                   recognize this and no additional arguments are presented in the reply brief.                                     
                   Correspondingly, no substantive arguments are presented in the brief as to the second                            
                   stated rejection as to claims 38, 40, 42, 44, 46 and 50.                                                         
                           The examiner’s responsive arguments at pages 11 through 13 of the answer                                 
                   generalize appellant’s arguments bearing on each claim on appeal and presented first with                        
                   respect to the transversal of the rejection of independent claim 1 beginning at page 19 of                       
                   the brief.  Appellant presents in each case the common argument that terminal 500 in                             
                   figure 27 of Ker does not constitute a bi-directional pad providing both input and output                        
                   as recited in each independent claim 1, 7, 16, 17, 25, 28, 47 and only impliedly recited in                      
                   the respectively remaining independent claims 39, 41, 43 and 49.  The reply brief does                           
                   not contest these observations of the examiner.  With respect to the examiner’s                                  
                   responsive arguments at pages 11 and 12 of the answer, appellant again asserts at the top                        
                   of page 7 of the reply brief that the terminal pad 500 in figure 27 only outputs                                 
                   information and thus recites only a unidirectional pad.                                                          


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