Ex Parte Benzschawel et al - Page 17



             Appeal 2007-0114                                                                                    
             Application 10/990,960                                                                              

             Br. 10.                                                                                             
                   B. Analysis                                                                                   
                   Because Appellants stand on the arguments they used in rebutting the                          
             rejection of claims 1-2, 4-6, 8-9, and 11-13 (FF 2) and because those                               
             arguments were not found persuasive as to error in the rejection, the                               
             rejection is affirmed for the same reasons we used affirm the rejection of                          
             claims 1-2, 4-6, 8-9, and 11-13.                                                                    

             III. Obviousness – Claims 15-22                                                                     
                   The Examiner finally rejected claims 15-22 under 35 U.S.C. §103(a)                            
             as being unpatentable over Carney in view of Papka.  Answer 6.  The                                 
             Examiner indicates that Appellants’ statement of the grounds of rejection in                        
             the Brief fails to indicate that claims 15-22 are rejected under 35 U.S.C.                          
             §103(a) as being unpatentable over Carney in view of Papka.  Answer 2.                              
             The Reply Brief does not correct the record. We find no evidence that                               
             Appellants have responded to the rejection of claims 15-22 under 35 U.S.C.                          
             §103(a) as being unpatentable over Carney in view of Papka. Accordingly,                            
             Appellants have not shown error in the rejection of claims 15-22 and the                            
             rejection is thus affirmed.                                                                         

                                       CONCLUSION OF LAW                                                         
                   On the record before us, Appellants have failed to show that the                              
             Examiner erred in rejecting the claims under 35 U.S.C. § 112, second                                
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