Ex Parte Downs et al - Page 3



               Appeal No. 2006-2765                                                                         
               Application No. 10/372,160                                                                   

                      Claims 1 through 30 stand rejected under the first paragraph of 35                    
               U.S.C. § 112 for lack of enablement because the claims allegedly fail to                     
               satisfy 35 U.S.C. § 101.                                                                     
                      Claims 1 through 30 stand rejected under 35 U.S.C. § 101 as being                     
               directed to nonstatutory subject matter.                                                     
                      Claims 12 through 15, 17, 18 and 20 through 27 stand rejected under                   
               35 U.S.C. § 102(b) as being anticipated by Atkins.                                           
                      Claims 1 through 5, 7 through 9, 11 and 28 through 30 stand rejected                  
               under 35 U.S.C. § 103(a) as being unpatentable over Atkins in view of                        
               Gomez.                                                                                       
                      Claims 6 and 10 stand rejected under 35 U.S.C. § 103(a) as being                      
               unpatentable over Atkins in view of Gomez and admitted prior art found on                    
               pages 9 through 13 and 16 of the specification.                                              
                      Claims 16, 19 and 25 stand rejected under 35 U.S.C. § 103(a) as being                 
               unpatentable over Atkins in view of the admitted prior art.                                  
                      Reference is made to the final rejection, the briefs and the answer for               
               the respective positions of the appellants and the examiner.                                 


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