Ex Parte Hopkins - Page 24



             Appeal No. 2006-2280                                                Page 24                    
             Application No. 10/244,011                                                                        
                4. The decision of the examiner to reject claims 1, 3-6, 10-12, 14-16, 19-21 and               
                   23-25 under 35 U.S.C. § 102(b) as being anticipated by Carpenter is                         
                   sustained.                                                                                  
                5. The decision of the examiner to reject claims 26-28 under 35 U.S.C.                         
                   § 102(b) as being anticipated by Carpenter is not sustained.                                
                6. The decision of the examiner to reject claims 23 and 25 under 35 U.S.C.                     
                   § 102(b) as being anticipated by Crusor is sustained.                                       
                7. The decision of the examiner to reject claims 26 and 28 under 35 U.S.C.                     
                   § 102(b) as being anticipated by Crusor is not sustained.                                   
                8. The decision of the examiner to reject claims 8, 9 and 13 under 35 U.S.C.                   
                   § 103(a) as being unpatentable over Finegan in view of Shrader is not                       
                   sustained.                                                                                  
                9. The decision of the examiner to reject claims 1-7, 10-12 and 14-21 under 35                 
                   U.S.C. § 103(a) as being unpatentable over Carpenter in view of Finegan is                  
                   not sustained.                                                                              
                10. The decision of the examiner to reject claims 8, 9, 13 and 22 under 35                     
                   U.S.C. § 103(a) as being unpatentable over Carpenter in view of Finegan                     
                   and Shrader is not sustained.                                                               
                11. We enter a new ground of rejection, pursuant to 37 C.F.R. § 41.50(b), of                   
                   claims 26-28 under 35 U.S.C. § 103(a) as being unpatentable over the                        
                   combination of Carpenter and Hunn.                                                          
                12. We enter a new ground of rejection, pursuant to 37 C.F.R. § 41.50(b), of                   
                   claims 17 and 18 under 35 U.S.C. § 103(a) as being unpatentable over the                    
                   combination of Frazier and Carpenter.                                                       






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