Appeal 2007-2127 Reexamination Control No. 90/006,621 The rejections of claims 39-43, 48, 49, 51-56, 61-67, 73, 74, and 76-79 stand rejected under § 103(a) as being unpatentable over De Jong in view of either Heard or Nitta are reversed. One or more of the rejections of claims 39-43, 47-49, 51-56, 61-67, 73-77, and 79 under § 112, first paragraph, based on lack of written description are affirmed. The rejections of claims 1, 4, 6, 7, 14, 18, 24, 26, 27, 31, 33, 37, 38, 44-46, 50, 57-60, 68-72, 78, and 80-83 are reversed. The rejection of claims 1, 4, 6, 7, 14, 18, 24, 26, 27, 31, 33, 39-43, 47-49, 51-56, 61, 65-73, 75, 78, 79, 81, and 83 under § 305 as impermissibly enlarging the scope of the claims of the '604 patent is reversed. In summary, one or more rejections of all claims 1-83 are affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006). AFFIRMED VW 155Page: Previous 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 Next
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