Appeal 2007-0937
Application 10/666,869
The prior art references of record relied upon by the Examiner in
rejecting the appealed claims are:
Fletcher (Fletcher I) US 2003/0055624 A1 Mar. 20, 2003
Fletcher (Fletcher II) US 2003/0135628 A1 Jul. 17, 2003
Claim 5 stands rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite.
Claims 1, 2, 5, 8, 9, and 11 through 13 stand rejected under 35 U.S.C.
§ 102(e) as being anticipated by Fletcher I.
Claims 1 through 3, 8, 11, and 12 stand rejected under 35 U.S.C.
§ 102(e) as being anticipated by Fletcher II.
We refer to the Examiner's Answer (mailed November 13, 2006) and
to Appellant's Brief (filed August 30, 2006) and Reply Brief (filed
November 13, 2006) for the respective arguments.
SUMMARY OF DECISION
As a consequence of our review, we will reverse the indefiniteness
rejection of claim 5, reverse the anticipation rejection of claims 1, 2, 5, 8, 9,
and 11 through 13 over Fletcher I, affirm the anticipation rejection of claims
1 through 3, 8, 11, and 12 over Fletcher II, and enter a new ground of
rejection of claim 13 under 35 U.S.C. § 102(e) over Fletcher II.
OPINION
We first note that Appellants have argued claims 1, 2, 5, 8, 9, and 11
through 13 as a single group, with claim 1 as representative, for the rejection
over Fletcher I. Similarly, Appellants have argued claims 1 through 3, 8, 11,
and 12 as a single group, with claim 1 as representative, for the rejection
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