Ex Parte Brown et al - Page 3

             Appeal 2007-0728                                                                                   
             Application 09/954,796                                                                             

        1                                       REJECTIONS                                                      
        2        Claims 1, 4, 5, 7-12, 14-20, 25-36, 38, 40, and 421 stand rejected under                       
        3    35 U.S.C. § 102(e) as anticipated by Parthesarathy.                                                
        4        Claims 2, 37, 39, and 41 stand rejected under 35 U.S.C. § 103(a) as obvious                    
        5    over Parthesarathy and Bradford.                                                                   
        6        Claims 6, 13, and 19 stand rejected under 35 U.S.C. § 103(a) as obvious over                   
        7    Parthesarathy and Kroening.                                                                        
        8        Claims 3, 21-24, and 442 stand rejected under 35 U.S.C. § 103(a) as obvious                    
        9    over Parthesarathy and Himmel.                                                                     
        10       Claim 43 stands rejected under 35 U.S.C. § 103(a) as obvious over                              
        11   Parthesarathy, Himmel, and Bradford.                                                               
        12                                                                                                      







                                                                                                               
             1 Although claims 38, 40 and 42 are not included in the nominal recitation of the                  
             statutory rejection (Answer 5), they are included in the analysis of this rejection                
             under 35 U.S.C. § 102(e) (Answer 15-16; Final Rejection 13), and acknowledged                      
             by the Appellants (Br. 8).                                                                         
             2 Although claim 44 is not included in the nominal recitation of the statutory                     
             rejection (Answer 18), it is included in the analysis of this rejection under 35                   
             U.S.C. § 103 (Answer 21-22; Final Rejection 19), and acknowledged by the                           
             Appellants (Br. 18).                                                                               

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