Ex Parte BALABAN et al - Page 4



                       Appeal No. 2006-3105                                                                                                                        
                       Application No. 09/397,494                                                                                                                  

                       rejected under 35 U.S.C. § 103(a) as being unpatentable over McCasky Feazel in view of                                                      
                       Layne and further in view of Wheeless.  Claims 45 and 46 stand rejected under 35 U.S.C.                                                     

                       § 103(a) as being unpatentable over McCasky Feazel in view of Layne and Wong further                                                        
                       in view of Laughon.  Claims 47 and 48 stand rejected under 35 U.S.C. § 103(a) as being                                                      
                       unpatentable over McCasky Feazel in view of Layne and Wong further in view of                                                               
                       Lipshutz.  Claim 32 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                                                     
                       Layne in view of Dehlinger and further in view of Wong.  Claims 47 and 48 stand                                                             
                       rejected under 35 U.S.C. §  103(a) as being unpatentable over McCasky Feazel in view of                                                     
                       Layne and Wong further in view of Wheeless.                                                                                                 



                                                                          OPINION                                                                                  

                             In reaching our decision in this appeal, we have given careful consideration to                                                       
                       Appellants’ specification and claims, to the applied prior art references, and to the                                                       
                       respective positions articulated by Appellants and the Examiner.  As a consequence of                                                       
                       our review, we make the determinations that follow.                                                                                         

                                 At the outset, we note that Appellants have grouped the claims corresponding to                                                   
                       each of the separate rejections.  We will address the arguments in the order presented in                                                   
                       the Brief.                                                                                                                                  







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