Ex Parte Whitman et al - Page 8

                 Appeal No. 2006-2210                                                                                   
                 Application 09/944,230                                                                                 


                        Lastly, the separate rejection of dependent claim 4 within 35 U.S.C.                            
                 § 103 is also sustained.  Appellants’ brief remarks at the bottom of page 15                           
                 of the principal brief on appeal does not argue that Dennison is not properly                          
                 combinable within 35 U.S.C. § 103 with Kikuchi and does not dispute the                                
                 features argued by the examiner as taught in Dennison. Moreover,                                       
                 appellants’ specification page 12 in paragraph [0040] relies upon the                                  
                 teachings in Dennison as the starting point of appellants’ own disclosed                               
                 invention.                                                                                             
                        In view of the foregoing, the decision of the examiner rejecting                                
                 various claims on appeal under 35 U.S.C. §§ 102 and 103 is sustained.                                  
                 Therefore, the decision of the examiner is affirmed.                                                   
















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