Appeal 2007-1271
Application 10/005,583
Dependent claims 3-5, 11, and 15
We note that patentability of dependent claims 3, 11, and 15 turns
upon our finding of fact with respect to Issue 4. Because we have found that
the weight of the evidence supports Appellant’s position with respect to
Issue 4, we will reverse the Examiner’s rejection of dependent claims 3, 11,
and 15 as being anticipated by Kuwata. Because claims 4 and 5 each depend
upon claim 3, we will also reverse the Examiner’s rejection of claims 4 and
5 as being unpatentable over Kuwata in view of Dance.
Dependent claim 6
We note that patentability of dependent claim 6 turns upon our finding
of fact with respect to Issue 5. Because we have found that the weight of the
evidence supports the Examiner’s position with respect to Issue 5, we will
sustain the Examiner’s rejection of dependent claim 6 as being anticipated
by Kuwata.
Dependent claims 21-23
We note that patentability of dependent claims 21-23 turns upon our
finding of fact with respect to Issue 5. Because we have found supra that
the weight of the evidence supports the Examiner’s position with respect to
Issue 5, we will sustain the Examiner’s rejection of dependent claims 21-23
as being anticipated by Kuwata.
Independent claim 17
We note that the patentability of independent claim 17 turns upon our
conclusion of law with respect to Issue 7 (obviousness). Because we have
found that the weight of the evidence supports Appellant’s position with
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