Ex Parte Schmand et al - Page 5

            Appeal 2007-1868                                                                                  
            Application 10/441,682                                                                            

            but potentially between the crystals and the grid walls.”  Thus, Appellants admit                 
            that there is an air gap between the crystals and the grid walls.  As the grid walls              
            are between the crystals, any air gap between the crystals and the grid walls is also             
            an air gap between the crystals.  As discussed above, any air gap between the                     
            crystals meets the limitations of claim 1.                                                        
                   For the aforementioned reasons, Appellants’ arguments have not persuaded                   
            us of error in the Examiner’s rejection of representative claim 1.  Appellants have               
            not presented arguments directed to the separate patentability of claims 2 through                
            18, therefore in accordance with 37 C.F.R. § 41.37(c) (1) (vii) we group claims 2                 
            through 18 with independent claim 1 and similarly affirm the Examiner’s rejection                 
            of these claims.                                                                                  

                                              CONCLUSION                                                      
                   The decision of the Examiner is affirmed.                                                  
















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