Ex Parte McIntyre et al - Page 3

              Appeal 2007-2202                                                                                           
              Application 10/608,169                                                                                     

                                             REJECTIONS AT ISSUE                                                         
                     Claims 1 through 3, 6 through 8, 10, 11, and 13 stand rejected under 35                             
              U.S.C. § 102(b) as being anticipated by Huber.  The Examiner’s rejection is set                            
              forth on pages 3 through 5 of the Answer.                                                                  
                     Claims 1, 3, 4, 6, and 7 stand rejected under 35 U.S.C. § 102(e) as being                           
              anticipated by Ueda.  The Examiner’s rejection is set forth on pages 5 and 6 of the                        
              Answer.                                                                                                    
                     Claims 1, 3, 6 through 8, 10, and 11 stand rejected under 35 U.S.C. § 102(e)                        
              as being anticipated by Eggleton.  The Examiner’s rejection is set forth on page 6                         
              of the Answer.                                                                                             
                     Claims 5 and 9 stand rejected under 35 U.S.C. § 103(a) as being                                     
              unpatentable over Huber and Koizumi.  The Examiner’s rejection is set forth on                             
              page 7 of the Answer.                                                                                      
                     Claim 12 stands rejected under 35 U.S.C. § 103(a) as being unpatentable                             
              over Huber and Schwindt.  The Examiner’s rejection is set forth on pages 7 and 8                           
              of the Answer.                                                                                             
                     Throughout the opinion we make reference to the Brief (filed November                               
              29, 2005), the Reply Brief (filed March 31, 2006) and the Answer (mailed June 26,                          
              2006) for the respective details thereof.                                                                  


                                                  PRINCIPLES OF LAW                                                      
                     A “claim is anticipated only if each and every element as set forth in the                          
              claim is found, either expressly or inherently described, in a single prior art                            
              reference.”  Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2                          

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