Ex Parte Hensbergen et al - Page 3


               Appeal 2007-0941                                                                             
               Application 10/165,068                                                                       
                                            THE REFERENCES                                                  
                      The Examiner relies upon the following references as evidence of                      
               anticipation and unpatentability:                                                            
               Gbadegesin    US 6,779,035 B1  Aug. 17, 2004                                                 
                                                                   (filed Mar. 6, 2000)                     
               Bommareddy    US 6,880,089 B1  Apr. 12, 2005                                                 
                                                                   (filed Mar. 31, 2000)                    
                                            THE REJECTIONS                                                  
                      The following rejections are on appeal before us:                                     
                      1. Claims 1, 7-10, 15-17, and 20-22 under 35 U.S.C. § 102(e) as                       
                         being anticipated by Gbadegesin.                                                   
                      2. Claims 2-6, 11-14, 18, 19, and 23 stand rejected under 35 U.S.C.                   
                         § 103(a) as being unpatentable over the teachings of Gbadegesin in                 
                         view of Bommareddy.                                                                
                      Rather than repeat the arguments of Appellants or the Examiner, we                    
               make reference to the Brief and the Answer for the respective details thereof.               

                                                OPINION                                                     
                      Only those arguments actually made by Appellants have been                            
               considered in this decision.  It is our view, after consideration of the record              
               before us, that the evidence relied upon supports the Examiner’s rejection of                
               claims 1, 2, 6-10, 14-17, and 19-21, but does not support the Examiner’s                     
               rejection of claims 3-5, 11-13, 18, 22, and 23.  Accordingly, we affirm-in-                  
               part.                                                                                        




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