Appeal 2007-0482
Application 10/256,683
The Examiner rejected the claims on appeal as follows:
I. Claims 1-2, 5-6, 7-10, 13-14, 17-22, 25, and 28-30 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over U.K. Patent
Application No. 2 322 248 to Hashimoto (hereinafter “Hashimoto”) in view
of U.S. Patent Publication No. 2002/0152266 A1 to Burfeind et al.
(hereinafter “Burfeind”).
II. Claims 3-4 and 15-16 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Hashimoto and Burfeind further in view of U.S.
Patent No. 5,485,163 to Singer et al. (hereinafter “Singer”).
III. Claims 31 and 36 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Hashimoto in view of Singer.
IV. Claims 32-35 and 37-40 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Hashimoto and Singer further in view of Burfeind.
V. Claims 11-12 and 23-24 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Hashimoto and Burfeind further in view of U.S.
Patent No. 6,748,225 to Kepler (hereinafter “Kepler”).
VI. Claims 26-27 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Hashimoto and Burfeind further in view of U.S. Patent
No. 6,084,951 to Smith et al. (hereinafter “Smith”).
Appellant contends1 that Hashimoto, in combination with various
references, does not render claims 1 through 40 unpatentable. Particularly,
Appellant contends that Hashimoto does not fairly teach or suggest receiving
1 This decision considers only those arguments that Appellant submitted in
the Appeal and Reply Briefs. Arguments that Appellant could have made
but chose not to make in the Briefs are deemed to have been waived. See 37
C.F.R. § 41.37(c)(1) (vii)(eff. Sept. 13, 2004). See also In re Watts, 354
F.3d 1362, 1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004).
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