Ex Parte Fleissner - Page 3

                Appeal 2007-0098                                                                                 
                Application 10/169,909                                                                           
                II.  PRIOR ART                                                                                   
                       The Examiner has relied upon the following references as evidence of                      
                unpatentability:                                                                                 
                       Suskind                  US 4,808,467               Feb. 28, 1989                        
                       Radwanski                 US 4,931,355               Jun.   5, 1990                       
                       Haid                     US 5,240,764               Aug. 31, 1993                        
                       Roussin-Moynier           US 5,375,306               Dec. 27, 1994                        
                       Quantrille                US 5,393,599               Feb. 28, 1995                        
                       Schilkowski               WO 97/30223                Aug. 21, 1997                        
                       Hamajima                  US 5,720,737               Feb. 24, 1998                        
                III.  REJECTIONS                                                                                 
                       The Examiner has rejected the claims on appeal as follows:                                
                       1)    Claims 2 through 7 and 14 through 19, and 21under 35 U.S.C.                         
                § 103 as unpatentable over the combined disclosures of Schikowski,                               
                Quantrille, Radwanski, Haid, Roussin-Moynier, and optionally Suskind; and                        
                       2)    Claims 13 and 20 under 35 U.S.C. §103 as unpatentable over                          
                the combined disclosures of Schikowski, Quantrille, Radwanski, Haid,                             
                Roussin-Moynier, Hamajima, and optionally Suskind.                                               
                IV.  FACTUAL FINDINGS, ANALYSES, AND CONCULSIONS                                                 
                       Having carefully evaluated the claims, Specification and prior art                        
                references, including the arguments advanced by the Appellant and the                            
                Examiner in support of their respective positions, we determine that the                         
                Examiner’s § 103 rejections set forth in the Answer1are well founded.                            
                Accordingly, we will sustain the Examiner’s decision rejecting the claims on                     
                appeal for the factual findings and conclusions set forth in the Answer.  We                     
                add the following primarily for emphasis and completeness.                                       

                                                                                                                
                1  We refer to the Answer mailed on June 14, 2006 as “the Answer” in this decision.              
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