Appeal No. 2006-1294
Application No. 10/430,963
The examiner has not sustained his burden of showing that claims 31-35 and
39 are anticipated by Powell.
The examiner has sustained his burden of showing that claim 28 is
unpatentable over Pelton and Powell.
The examiner has not sustained his burden of showing that claims 29 and 39
are indefinite. Examiner has sustained his burden of showing that claim 33 is
indefinite.
ORDER
The rejections of claims 1-3, 27, 29, 35 and 39 on the ground of lack of
novelty are not sustained.
The rejections
of claim 31 through 34 under § 102 and claim 28 under § 103 are sustained.
The rejections of claims 29 and 39 under 35 U.S.C. § 112 second paragraph
are not sustained.
The rejection of claim 33 under 35 U.S.C. § 112 second paragraph is
sustained.
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