Ex Parte Mitlitsky - Page 8

                Appeal 2007-2584                                                                             
                Application 10/248,472                                                                       
                      (1)  Reopen prosecution. Submit an appropriate amendment of the                        
                claims so rejected or new evidence relating to the claims so rejected, or both,              
                and have the matter reconsidered by the Examiner, in which event the                         
                proceeding will be remanded to the Examiner, or                                              
                      (2)  Request rehearing.  Request that the proceeding be reheard under                  
                § 41.52 by the Board upon the same record.                                                   

                                                DECISION                                                     
                      The Examiner’s rejection of claims 13 and 24 under 35 U.S.C.                           
                § 102(e) as being unpatentable over Yamashita is REVERSED.                                   
                      The Examiner’s rejection of claims 1-4, 14-16, 18, 20-23, 25, and 28                   
                under 35 U.S.C. § 103(a) as being unpatentable over Yamashita is                             
                procedurally REVERSED.                                                                       
                      The Examiner’s rejection of claims 17 and 26 under 35 U.S.C.                           
                § 103(a) as being unpatentable over Yamashita in view of Starner is                          
                REVERSED.                                                                                    
                      The Examiner’s rejection of claims 19 and 27 under 35 U.S.C.                           
                § 103(a) as being unpatentable over Yamashita in view of Starner is                          
                procedurally REVERSED.                                                                       











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