Ex Parte Bringley et al - Page 2

                Appeal 2007-2677                                                                              
                Application 10/622,229                                                                        
                      The Examiner finally rejected claims 1, 10, and 13-21 under                             
                35 U.S.C. §103(a) as being unpatentable over Darsillo.  Final Office Action                   
                mailed November 7, 2005 at 2.                                                                 
                      The Examiner finally rejected claims 1, 10, 13-21, and 25 under                         
                35 U.S.C. § 103(a) as being unpatentable over the combination of Darsillo,                    
                Bi, and Alexander.  Final Office Action mailed November 7, 2005 at 2.                         
                      The following prior art was relied on by the Examiner:                                  
                      Alexander           3,007,878          Nov. 7, 1961                                     
                      Darsillo            6,365,264          Apr. 2, 2002                                     
                      Bi                 2004/0197498       Oct. 7, 2004                                     
                      Darsillo and Alexander are prior art under 35 U.S.C. § 102(b).                          
                      Bi is prior art under 35 U.S.C. § 102(e).                                               
                      In this appeal, the Appellants have not attempted to antedate Bi.                       
                Therefore, for the purpose of this appeal, Bi is prior art.                                   
                      B.     ISSUES                                                                           
                      Whether the Appellants have shown that the Examiner erred in                            
                rejecting claims 1, 10, and 13-21 under 35 U.S.C. § 103(a) as being                           
                unpatentable over Darsillo.                                                                   
                      Whether the Appellants have shown that the Examiner erred in                            
                rejecting claims 1, 10, 13-21, and 25 under 35 U.S.C. § 103(a) as being                       
                unpatentable over the combination of Darsillo, Bi, and Alexander.                             
                      C. FINDINGS OF FACT                                                                     
                      The following findings of fact are believed to be supported by a                        
                preponderance of the evidence.  Additional findings of fact as necessary                      
                appear in the Analysis portion of the opinion.                                                
                             1.    Background of the invention                                                

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