Appeal No. 2006-2418
Application No. 09/973,412
The following rejections are on appeal before us:1
1. Claims 39-43, 46-51, and 54 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Owensby in view of Heddaya.
2. Claims 44, 45, 52, and 53 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Owensby in view of Heddaya and further in view of Guedalia.
Rather than repeat the arguments of appellant or the examiner, we make
reference to the briefs and the answer for the respective details thereof.
1
1 Appellant's statement of the grounds of rejection to be reviewed on appeal includes a rejection of claims
39 and 47 under 35 U.S.C. § 112, second paragraph [brief, page 2]. The examiner, however, did not
include the rejection in the answer notwithstanding indicating that appellant's statement of the grounds of
rejection in the brief was correct [see answer, page 4]. See also reply brief, page 2 (acknowledging the
examiner's failure to address the rejection). Since the examiner did not address this rejection in the
answer, we presume that the examiner withdrew this rejection.
3
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