Ex Parte Gauselmann - Page 13



            Appeal 2007-1436                                                                                 
            Application 10/390,318                                                                           
                                        CONCLUSIONS OF LAW                                                   
                   We conclude that Appellants have shown that the Examiner erred in                         
            rejecting claims 1-9, 12-15, 17, 20-23, and 25 as unpatentable over Beaulieu and                 
            Diederiks, and claims 16, 18, and 19 as unpatentable over Beaulieu, Diederiks,                   
            and Mattice.                                                                                     

                                                DECISION                                                     
                   The Examiner’s decision under 35 U.S.C. § 103(a) to reject claims 1-9,                    
            12-15, 17, 20-23, and 25 as unpatentable over Beaulieu and Diederiks, and claims                 
            16, 18, and 19 as unpatentable over Beaulieu, Diederiks, and Mattice is reversed.                
            The application is remanded to the Examiner pursuant to 37 C.F.R. § 41.50(a)(1)                  
            (2006) for consideration of prior art.                                                           


                                     REVERSED AND REMANDED                                                   

            jlb                                                                                              
            PATENT LAW GROUP LLP                                                                             
            2635 NORTH FIRST STREET                                                                          
            SUITE 223                                                                                        
            SAN JOSE, CA  95134                                                                              






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