Appeal 2007-0731
Application 09/899,454
1 Appellants have presented no separate arguments directed to dependent
2 claims 2, 8, 13, 14, 20, 25, 28, and 32. Accordingly we affirm these claims for the
3 reasons discussed with respect to independent claims 1, 13, and 25.
4 On pages 9 and 10 of the Brief, Appellants argue that the rejection of claims
5 7, 19, and 31 under 35 U.S.C. § 103(a) as unpatentable over Ryan, Pitkow, and
6 Burke is in error for the same reasons given with respect to the base claims. As
7 Appellants' arguments have not convinced us of error in the Examiner’s rejection
8 of claims 6, 18, and 30 (the claims upon which claims 7, 19, and 31 depend) we are
9 similarly not persuaded of error in the Examiner’s rejection of claims 7, 19, and 31.
10
11 CONCLUSION
12 Appellants’ arguments have not persuaded us of error in the Examiner’s
13 rejections of claims 1 through 36 under 35 U.S.C. § 103(a). Accordingly, we
14 sustain these rejections. The decision of the Examiner is affirmed. We designate
15 our affirmance of the Examiner’s rejection as new grounds of rejection under
16 37 CFR § 41.50(b), as our rationale differs slightly from that expressed by the
17 Examiner and because the figures of Pitkow which we rely upon were not made
18 available to Appellants prior to our decision.
19 This decision contains a new ground of rejection pursuant to 37 CFR
20 § 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004),
21 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)). 37 CFR § 41.50(b) provides
22 "[a] new ground of rejection pursuant to this paragraph shall not be considered
23 final for judicial review."
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Last modified: September 9, 2013