Ex Parte Droog et al - Page 2



                Appeal 2007-0062                                                                             
                Application 10/706,797                                                                       

           1          The prior art relied upon by the Examiner in rejecting the claims on                   
           2    appeal is:                                                                                   
           3          Gates              US 6,550,226              Apr. 22, 2003                             
           4                                                                                                 
           5          Claims 48-51 and 58-60 stand rejected under 35 U.S.C. § 112, first                     
           6    paragraph, as failing to comply with the written description requirement                     
           7    (Final Rejection 2 and Answer 3).                                                            
           8          Claims 48-51 and 58-60 stand rejected under 35 U.S.C. § 102(a) as                      
           9    being anticipated by Gates (Final Rejection 3 and Answer 4).                                 
          10          B.  Issue                                                                              
          11          The first issue before us is whether Applicants have shown that the                    
          12    Examiner erred in determining claims 48-51 and 58-60 to be unpatentable                      
          13    under 35 U.S.C. § 112, first paragraph.                                                      
          14          The second issue before us is whether Applicants have shown that the                   
          15    Examiner erred in determining claims 48-51 and 58-60 to be unpatentable                      
          16    under 35 U.S.C. § 102(a) as being anticipated by Gates.                                      
          17          C.  Findings of fact (“FF”)                                                            
          18          The record supports the following findings of fact as well as any other                
          19    findings of fact set forth in this opinion by at least a preponderance of the                
          20    evidence.                                                                                    
          21          1.  Applicants’ claims 48-51 and 58-60 are the subject of this appeal.                 



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