Ex Parte MacLachlan - Page 3

                Appeal 2007-1385                                                                             
                Application 09/997,347                                                                       
                      The Examiner rejects claims 26 and 34 as indefinite under 35 U.S.C.                    
                § 112, ¶ 2.                                                                                  
                      The Examiner rejects the claims under 35 U.S.C. § 103(a) as follows:                   
                      Claims 23, 24, and 26-33 are rejected over:                                            
                      a) Yoshinori in view of Curtze and Teranishi;                                          
                      e)  Teranishi in view of Curtze and further in view of Yoshinori                       
                      and/or Van Der Putten;                                                                 
                      i)  Anderson in view of Curtze and further in view of Yoshinori and/or                 
                      Van Der Putten;                                                                        
                      m)  Franz in view of Curtze and further in view of Yoshinori and/or                    
                      Van Der Putten.1                                                                       
                      To reject the other claims, the Examiner relies upon the above                         
                combinations of prior art and adds additional references.  To reject claim 25,               
                the Examiner adds Kizaki; to reject claims 34, 35, 37, and 38, the Examiner                  
                adds Tweadey and Volkmann; to reject claim 36, the Examiner adds                             
                Tweadey, Volkmann, and Kizaki.2                                                              
                      Appellant requests review of the obviousness rejections.                               

                                             II.  DISCUSSION                                                 
                      The rejection of claims 26 and 34 as indefinite under 35 U.S.C. § 112,                 
                ¶ 2 is not listed by Appellant as a rejection to be reviewed on appeal (Br. 4-               
                8).  As Appellant does not contest this rejection, we summarily sustain it.                  


                                                                                                            
                1 The designations “a),” “e),” “i),” and “m)” match the designations for the                 
                rejections used by Appellants in the Brief (Br. 4-20).                                       
                2 Appellants list these rejections as rejections b-d, f-h, j-l, and n-p.                     

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