Ex Parte Gady et al - Page 7

              Appeal 2006-1399                                                                       
              Application 10/666,712                                                                 
                    In regard to the second issue, the subject matter of independent claims          
              15 and 26 is not disclosed in Yasuda because Yasuda does not disclose the              
              controller and its functions as recited in claim 15, or the generating step            
              recited in claim 26.  Claims 16 to 23, 25, and 35 depend from claim 15 and             
              claims 27 to 34 depend from claim 26 and thus include the subject matter of            
              independent claims 15 and 26 respectively.                                             
                    Further, the subject matter of claim 24, which is dependent on claim             
              15, is not suggested by Yasuda because Yasuda does not suggest the                     
              controller and its functions as recited in claim 15.                                   

                                      CONCLUSION/ORDER                                               
                    The Examiner’s rejection of claims 34 and 35 under the first                     
              paragraph of 35 U.S.C. § 112, is not sustained.                                        
                    The Examiner’s rejection of claims 15 to 23 and 25 to 35 under 35                
              U.S.C. § 102(e) is not sustained.                                                      
                    The Examiner’s rejection of claim 24 under 35 U.S.C. § 103(a) is not             
              sustained.                                                                             
                    The decision of the Examiner is reversed.                                        
                                            REVERSED                                                 




              hh                                                                                     
              CARLSON, GASKEY & OLDS, P.C.                                                           
              400 WEST MAPLE ROAD                                                                    
              SUITE 350                                                                              
              BIRMINGHAM, MI  48009                                                                  

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