`
`Atty Dkt No. 406855
`Filed Via EFS— Web
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`Remarks
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`The Examiner’s Office action mailed April 5, 2010, which required an election of
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`claims from one of the claim invention groups I, II, and III has been reviewed.
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`Applicants hereby provisionally elect claims 6-35 and 41-70 (Group III). Applicants
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`therefore withdraw claims 1-5 and 36-40, without prejudice to their patentability, and
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`expressly reserve the right to file divisional applications directed to these claims.
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`Applicants respectfully request examination and allowance of the elected claims.
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`Applicants request that the Examiner consider the relative burdens on himself and
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`the Applicants. In order for a reliable search to be conducted for the identified claim
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`groups, classes subclasses 52 and 21 of classes 705 and 726, respectfully, will also likely
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`have to be searched. Accordingly, maintaining the claims of Groups I, II, and III in the
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`application should not add more than a minimal burden. Further, Applicant points out
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`that removing the restriction between Groups I, II, and III would not add additional
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`burden by including 70 total claims rather than 60 total claims. In this regard, the
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`Examiner is asked to consider MPEP § 803:
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`“If the search and examination can be made without serious burden, the examiner
`
`must examine it on the merits, even if it includes claims to distinct or independent
`
`inventions.”
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`Applicant respectfully submits that the burden of examining the additional claims
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`having an overlapping search field cannot fairly be said to be “serious.”
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`For these reasons, Applicant requests that the restriction requirement between
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`Groups I, II, and III withdrawn. Nevertheless, Applicant provisionally elects claims 6-35
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`and 41-70 (Group III) for examination.
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`Applicant does not believe that the withdrawal of claim 1-5 and 36-40 requires
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`correction of inventorship under 37 C.F.R. l.48(b).
`
`Based on the foregoing, it is submitted that the Applicant’s invention as defined
`
`by the claims is patentable over the references of record. Issuance of a Notice of
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`Allowance is solicited.
`
`4525212
`
`12
`
`
`
`Patent
`
`Atty Dkt No. 406855
`Filed Via EFS— Web
`
`Applicant’s attorney welcomes the opportunity to discuss the case with the
`
`Examiner in the event that there are any questions or comments regarding the response or
`
`the application.
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`We hereby authorize the United States Patent and Trademark Office to charge any
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`additional fees, which may be required or credit any overpayment, to Deposit Account
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`50-1662.
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`Respectfully submitted,
`
`POLSINELLI SHUGART PC
`
`,flé/éa;%/
`
`Robert O. Enyard, Jr., Reg. No. 57,780
`100 South Fourth Street, Suite 1100
`
`St. Louis, Missouri 63102
`Tel: (314) 552-6862 / Fax: (314) 231-1776
`Attorney for Applicant(s)
`
`4525212
`
`13
`
`
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