Ex Parte Bazakos et al - Page 10

                Appeal 2007-1736                                                                             
                Application 10/979,129                                                                       
                                                                                                            
                                                   Claims 9-15                                               
                      Regarding representative claim 9,6 Appellants argue that the prior art                 
                does not disclose comparing data read at first and second sensing points to                  
                determine if the data matches (Br. 7).  For the reasons previously discussed,                
                however, we find Calvesio amply suggests this limitation and the reference                   
                is reasonably combinable with Ritter.7  Since Appellants have not                            
                persuasively rebutted the Examiner’s prima facie case of obviousness, the                    
                rejection of claims 9-15 is sustained.                                                       

                                               Claims 17-26                                                  
                      Regarding representative claim 17,8 Appellants argue that the prior art                
                does not disclose comparing data read at first and second verification                       
                devices is compared at a computer as claimed (Br. 8).  For the reasons                       
                previously discussed, however, we find Calvesio amply suggests this                          
                limitation and the reference is reasonably combinable with Ritter.9  Since                   
                Appellants have not persuasively rebutted the Examiner’s prima facie case                    
                of obviousness, the rejection of claims 9-15 is sustained.                                   

                                                 Claim 27                                                    
                      Likewise, we will sustain the Examiner's rejection of claim 27 under                   
                35 U.S.C. § 103(a) as being unpatentable over the teachings of Calvesio in                   
                view of Ritter and further in view of Suzuki.  We find that (1) the Examiner                 
                                                                                                            
                6 Appellants argue claims 9-15 together as a group.  See Br. 7.  Accordingly,                
                we select claim 9 as representative.                                                         
                7 See p. 6-9, supra, of this opinion.                                                        
                8 Appellants argue claims 17-26 together as a group.  See Br. 8.                             
                Accordingly, we select claim 17 as representative.                                           
                9 See p. 6-9, supra, of this opinion.                                                        

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