Ex Parte Thieret et al - Page 15

                Appeal 2007-0719                                                                              
                Application 09/731,205                                                                        
                Further, Appellants have not shown that the Examiner failed to establish that                 
                one of ordinary skill in the art at the time of the present invention, would                  
                have concluded that Sorkin in combination with Irie and Suzuki renders the                    
                claims 13 through 15 unpatentable under 35 U.S.C. § 103(a).                                   

                                                 DECISION                                                     
                We reverse the Examiner’s decision to reject claims 17 and 18 under                           
                35 U.S.C. § 103(a) as being unpatentable over the combination of Sorkin                       
                and Irie.  However, we affirm the Examiner’s decision to reject claims 1                      
                through 12 and 16, 19 through 23 under 35 U.S.C. § 103(a) as being                            
                unpatentable over the combination of Sorkin and Irie.  We also affirm the                     
                Examiner’s decision to reject claims 13 through 15 under 35 U.S.C. § 103(a)                   
                as being unpatentable over the combination of Sorkin, Irie and Suzuki.                        

                                           AFFIRMED-IN-PART                                                   







                KIS                                                                                           

                ALBERT P. SHARPE, L.L.L.                                                                      
                FAY, SHARPE, FAGAN, MINNICH & MCKEE, L.L.P.                                                   
                7TH FLOOR                                                                                     
                1100 SUPERIOR AVENUE                                                                          
                CLEVELAND, OH 44114                                                                           


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