Ex Parte CANAVAN et al - Page 2


              Appeal 2007-0554                                                                       
              Reexamination Nos. 90/006,118 & 90/006,254                                             
              Patent 6,196,681 B1                                                                    
              September 28, 2001, and 90/006,254, filed March 26, 2002, for                          
              reexamination of Canavan, U.S. Patent 6,196,681, which issued March 6,                 
              2001, from Application 09/573,577, filed May 18, 2000.  Claims 1-8, all the            
              claims of the patent, stand finally rejected under 35 U.S.C. § 103(a) in view          
              of various combinations of the prior art indicated below:                              
              Fecteau  US 5,825,455  Oct. 20, 1998                                                   
                          (applied against Claims 1-8);                                              
                    Bolle   US 5,841,505  Nov. 24, 1998                                              
                          (applied against Claim 5);                                                 
                    Chiang  US 5,867,841  Feb. 9, 1999                                               
                          (applied against Claims 2, 4 and 5);                                       
                    Lin   US 5,903,331  May 11, 1999                                                 
                          (applied against Claim 3); and                                             
                    Conway  WO 99/56942  Nov. 11, 1999                                               
                          (applied against Claims 1-8).                                              
                    Appellant has not argued the separate patentability of the subject               
              matter defined by any one of Claims 6 to 8 from the patentability of Claim 1.          
              However, Appellant has argued that none of the references applied to                   
              dependent Claims 2-5 describe the further limitations thereof, and no                  
              combination of the prior art applied to Claims 2-5 would have suggested an             
              invention defined by any one of Claims 2-5.  Accordingly, we shall consider            
              the patentability of the subject matter defined by each of Claims 2, 3, 4, and         
              5 separately from the patentability of the subject matter more broadly                 
              defined by Claim 1 under 35 U.S.C. § 103(a).  On the other hand, we deem               
              Claims 6-8 to stand or fall with Claim 1.                                              

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