Appeal No. 2006-1778
Application No. 09/776,364
This is a decision on request for rehearing.
In a paper received October 2, 2006, Appellant requests rehearing of
our Decision mailed on July 27, 2006 in this appeal affirming the
Examiner’s rejection of all claims on appeal under 35 U.S.C. § 103.2 Since
Appellant’s request bears a certificate of mailing of September 27, 2006, it is
considered to have been timely filed.
At the outset, we note that Appellant presents no arguments in the
Request for Rehearing relative to our affirmance of the Examiner’s rejection
of claims 1and 2 under 35 U.S.C. § 103, the so-called first stated rejection as
we labeled it in our prior Decision, over Slutz in view of Fujimori.
Appellant presents arguments only to what we have characterized as the
fourth and fifth stated rejections relying initially upon Gartner in view of
Fitting in the fourth stated rejection and, further in view of Walls as to the
fifth stated rejection. We have affirmed entirely the rejection set forth by the
Examiner as to these stated rejections, which encompass all claims on
appeal, claims 1 through 14, 17 through 21, and 23 through 32.
At the top of page 7 of our prior Decision, we agreed with the
Examiner’s reasons of for the obviousness of these claims as set forth in the
Answer and Supplemental Answer regarding the particular teachings,
showings and reasonings of combinability set forth by the Examiner,
initially at pages 8 through 11 of the Answer. We have reconsidered our
reasoning as to the affirmance of the fourth and fifth stated rejections, the
reasoning set forth in our prior Decision at pages 7 through 9 as to these
rejections and make no change in them. Likewise, in considering the
2 It is noted that the above noted panel has only recently received this
Request for Rehearing.
2
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