Ex Parte Pisarsky - Page 13

            Appeal 2007-2005                                                                                
            Application 10/066,110                                                                          

        1                                                                                                   
        2                                      REMARKS                                                      
        3       We note that the Examiner has recognized that claim 31 is written in improper               
        4   form because it refers to claim 30, which is cancelled.  The Examiner has chosen to             
        5   object to this as an obvious typographical error, rather than rejecting the claim               
        6   under 35 U.S.C. § 112.  The Examiner concluded that claim 31 is meant to refer to               
        7   claim 23, which is the claim that cancelled claim 30 referred to.  (Answer 6). We               
        8   agree that this is an obvious error and remind the Appellant that correction will be            
        9   required in any further prosecution.                                                            
       10                                                                                                   
       11                                      DECISION                                                     
       12       To summarize, our decision is as follows:                                                   
       13      • The rejection of claims 15-18, 21, and 22 under 35 U.S.C. § 102(b) as                      
       14          anticipated by Yoshida is sustained.                                                     
       15      • The rejection of claims 23, 24, 28, and 31 under 35 U.S.C. § 103(a) as                     
       16          obvious over Yoshida is sustained.                                                       
       17      • The rejection of claim 29 under 35 U.S.C. § 103(a) as obvious over Yoshida                 
       18          and Perkins is sustained.                                                                
       19      • The rejection of claims 19, 20, and 25 under 35 U.S.C. § 103(a) as obvious                 
       20          over Yoshida and Rosenberg is sustained.                                                 
       21       No time period for taking any subsequent action in connection with this appeal              
       22   may be extended under 37 CFR § 1.136(a).                                                        
       23                                      AFFIRMED                                                     
       24                                                                                                   

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