Ex Parte Fukumoto - Page 4





           Appeal No. 2006-2936                                                                      
           Application No. 10/013,714                                                                

           C.  Claims 11, 22, 37, 39, 41, 42, 55, 57, 59 and 60 stand                                
           rejected under 35 U.S.C. § 103 as being unpatentable over the                             

           combination of Britton and Swift.                                                         
           D.  Claims 12, 23, 43 and 61 stand rejected under 35 U.S.C.                               
           § 103 as being unpatentable over the combination of Britton and                           

           Morcos.                                                                                   
           E.  Claims 36 and 54 stand rejected under 35 U.S.C. § 103 as                              
           being unpatentable over the combination of Britton and Hitz.                              
           F.  Claims 38 and 56 stand rejected under 35 U.S.C. § 103 as                              
           being unpatentable over the combination of Britton and Huang.                             

                 Rather than reiterate the arguments of Appellant and the                            

           Examiner, the opinion refers to respective details in the Briefs1                         

           and the Examiner’s Answer.2  Only those arguments actually made                           

           by Appellant have been considered in this decision.  Arguments                            

           that Appellant could have made but chose not to make in the                               

           Briefs have not been taken into consideration.  See 37 CFR                                

           § 41.37(c)(1) (vii)(eff. Sept. 13, 2004).                                                 

                                              OPINION                                                

                 In reaching our decision in this appeal, we have carefully                          

           considered the subject matter on appeal, the Examiner’s                                   

                                                                                                    
           1 Appellant filed an Appeal Brief on Feb. 7, 2006.  Appellant filed a Reply               
           Brief on June 12, 2006.                                                                   
           2 The Examiner mailed an Examiner’s Answer on Apr. 12, 2006.  The Examiner                
           mailed an office communication on July 18, 2006 stating that the Reply Brief              
           has been entered and considered.                                                          
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