Ex Parte Spencer et al - Page 3


                Appeal No. 2006-2850                                                                          
                Application No. 10/812,027                                                                    

                and Avitan.  The Examiner’s rejection is set forth on pages 7 and 8 of the                    
                Answer.  Claims 23 and 40 stand rejected under 35 U.S.C. § 103 (a) as being                   
                unpatentable over Kamiya in view of Kodama and Ito.  The Examiner’s                           
                rejection is set forth on page 9 of the Answer.  Claims 24 through 28, 39, 41                 
                and 44 stand rejected under 35 U.S.C. § 103 (a) as being unpatentable over                    
                Kamiya in view of Kodama, Ito and Avitan.  The Examiner’s rejection is set                    
                forth on pages 10 and 11 of the Answer.  Claim 29 stands rejected under 35                    
                U.S.C. § 103 (a) as being unpatentable over Kamiya in view of Kodama, Ito,                    
                Avitan and Hollenberg.  The Examiner’s rejection is set forth on page 11 of                   
                the Answer.  Throughout the opinion we make reference to the Briefs, the                      
                Answer and the Office action mailed January 26, 2005, for the respective                      
                details thereof.                                                                              
                                                  Opinion                                                     
                      We have considered the subject matter on appeal, the rejections                         
                advanced by the Examiner and the evidence of obviousness relied upon by                       
                the Examiner in support of the rejections.  We have likewise, reviewed and                    
                taken into consideration, in reaching our decision, Appellant’s arguments set                 
                forth in the Brief along with the Examiner’s rationale in support of the                      
                rejections and arguments in rebuttal set forth in the Examiner’s Answer.                      
                      With full consideration being given to the subject matter on appeal,                    
                the Examiner’s rejections and the arguments of Appellant and the Examiner,                    
                and for the reasons stated infra we sustain the Examiner’s rejections of                      
                claims 1, 3, 5 through 17, 23, 24, 25, 28, 30, 31, 33 through 38 and 40                       




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