Ex Parte Rodriguez et al - Page 5



                   Appeal No. 2006-2028                                                                                           
                   Application No. 09/814,159                                                                                     
                   Accordingly, we will not sustain the examiner’s rejection of these claims under 35 U.S.C.                      
                   § 103 as being unpatentable over Ginter.                                                                       
                          Claims 5 and 26 depend upon claims 1 and 22 respectively.  The examiner has                             
                   rejected these claims under 35 U.S.C. § 103 as being unpatentable over Ginter in view of                       
                   Chui.  The examiner has not asserted nor do we find that Chui teaches or suggests                              
                   modifying Ginter to include the gateway and tracking features discussed with respect to                        
                   claims 1 and 22.  Accordingly, we will not sustain the examiner’s rejection of claims 5                        
                   and 26.                                                                                                        































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