Ex Parte Vishlitzky et al - Page 8

                Appeal 2007-1951                                                                             
                Application 10/120,016                                                                       
                      The Examiner’s rejections of dependent claims 2 through 3, 5 through                   
                13, 15, 16, 22 through 25, 27, 28, 30, and 32 through 34 all rely upon Siddha                
                to teach modifying Hitz’s method to permit overwriting data.  The Examiner                   
                has not found, nor do we find, that the additional references cited in the                   
                rejections of the dependent claims teach modifying Hitz’s method to permit                   
                overwriting data.  Accordingly, we will not sustain the Examiner’s rejections                
                of claims 2 through 3, 5 through 13, 15, 16, 22 through 25, 27, 28, 30, and                  
                32 through 34 under 35 U.S.C. § 103(a).                                                      

                                              CONCLUSION                                                     
                      We consider the Examiner’s rejections of claims 1 through 3, 5                         
                through 16, 22 through 28, 30, and 32 through 34 under 35 U.S.C. § 103(a)                    
                to be in error, as we do not find that the combination of applied references                 
                teaches or suggests the limitations in independent claims 1, 14 and 26 and                   
                their dependents.                                                                            
                                                  ORDER                                                      
                      For the foregoing reasons, we will not sustain the Examiner’s                          
                rejections under 35 U.S.C. § 103.  The decision of the Examiner is reversed.                 












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