Ex Parte Krishnamurthy et al - Page 10

                Appeal 2007-1414                                                                              
                Application 10/453,559                                                                        

                identified them in the statement of the rejection.  Therefore, we find that                   
                Meron teaches the invention recited in independent claim 53 and                               
                independent claim 76 which Appellants elected to group therewith and their                    
                respective dependent claims 54-57, 71-79, and 81-86.                                          
                                                Obviousness                                                   
                      Appellants elected to rely upon the asserted deficiencies under                         
                35 U.S.C. § 102 and that Turek and Rothchild do not remedy the deficiency                     
                in Meron.  Since we found no deficiency in Meron and Appellants have not                      
                presented separate arguments for patentability under 35 U.S.C. § 103(a), we                   
                sustain the rejections of claims 3, 18, 70, and 81 under 35 U.S.C. § 103(a).                  
                                              CONCLUSION                                                      
                      To summarize, we have reversed the rejection of claims 1-3, 5-8, 16-                    
                18, 20-23, and 58-69 under 35 U.S.C. § 112, first paragraph; we have                          
                sustained the rejection of claims 1, 2, 5-8, 16, 17, 20-23, 53-69, 71-80, and                 
                82-86 under 35 U.S.C. § 102; and we have sustained the rejection of claims                    
                3, 18, 70, and 81 under 35 U.S.C. § 103(a).                                                   














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