Ex Parte Smolarek - Page 12



             Appeal 2006-2838                                                                                   
             Application 10/257,576                                                                             
             § 103(a) as being unpatentable over Thompson and Walton, and erred in rejecting                    
             claim 60 under 35 U.S.C. § 103(a) as being unpatentable over Thompson, McCoy,                      
             and Walton.  We further conclude that the Appellant has shown that the Examiner                    
             erred in rejecting claims 75-79 and 82 under 35 U.S.C. § 102(b) as being                           
             anticipated by Durbin.  We also conclude that the Appellant failed to show that the                
             Examiner erred in rejecting claims 63 and 64 under 35 U.S.C. § 103(a) as                           
             unpatentable over Thompson and Junkers.                                                            

                                                  DECISION                                                      
                   The decision of the Examiner to reject:                                                      
                   - claims 39, 40, 45, 47, 49, 51-53, 61, 62, 66, 67, 69, 75-79, and 82                        
                           under 35 U.S.C. § 102(b) as anticipated by Thompson;                                 
                   - claims 41-44, 46, 48, 50, 60, 64, 65, 68, 70, 73, 74, and 80 under 35                      
                           U.S.C. § 103(a) as being unpatentable over Thompson and McCoy;                       
                           and                                                                                  
                   - claims 54 and 57 under 35 U.S.C. § 103(a) as being unpatentable                            
                           over Thompson and Walton; and                                                        
                   - claim 60 under 35 U.S.C. § 103(a) as being unpatentable over                               
                           Thompson, McCoy, and Walton; and                                                     
                   - claims 75-79 and 82 under 35 U.S.C. § 102(b) as being anticipated                          
                           by Durbin                                                                            
                   is not sustained.                                                                            



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