Ex Parte Adapathya et al - Page 5



         Appeal No. 2006-2975                                                       
         Application No. 09/794,742                                                 
         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                    
         rejections, the arguments in support of the rejections and the             
         evidence of obviousness relied upon by the Examiner as support             
         for the rejections.  We have, likewise, reviewed and taken into            
         consideration Appellants’ arguments set forth in the Briefs along          
         with the Examiner’s rationale in support of the rejections and             
         arguments in the rebuttal set forth in the Examiner’s Answers.             
         After full consideration of the record before us, we do not agree          
         with the Examiner that claims 1, 2, 5 through 7, 9, 10, 13                 
         through 15, 17 through 19, 22 through 24 and 26 through 31 are             
         properly rejected under 35 U.S.C. § 103 as being unpatentable              
         over the combination of Roberts and Nielsen. We also do not agree          
         with the Examiner that claims 3, 4, 8, 11, 12, 16, 20, 21 and 25           
         are properly rejected under 35 U.S.C. § 103 as being unpatentable          
         over various combinations of Roberts, Nielsen, Kaghazian,                  


                                         4                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007