Ex Parte Fuente et al - Page 7

                Appeal 2007-1779                                                                             
                Application 10/447,351                                                                       

                                         CONCLUSION OF LAW                                                   
                      In the obviousness rejection, the Examiner used impermissible                          
                hindsight reconstruction to pick and choose among disclosures in the applied                 
                prior art references.  Obviousness has not been established by the Examiner                  
                because the applied references neither teach nor would have suggested to the                 
                skilled artisan all of the method steps and apparatus limitations.                           

                                                DECISION                                                     
                      The obviousness rejection of claims 5 to 16 is reversed.                               

                                                REVERSED                                                     













                KIS                                                                                          

                DILLON & YUDELL, L.L.P.                                                                      
                8911 N CAPITAL OF TEXAS HWY                                                                  
                SUITE 2110                                                                                   
                AUSTIN, TX 78759                                                                             

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