Ex parte DWYER et al. - Page 3




          Appeal No. 2000-1948                                       Page 3           
          Application No. 08/751,087                                                  


               Claims 2 to 5, 12, 16 and 17 stand rejected under 35                   
          U.S.C. § 103 as being unpatentable over any of Lukic, or                    
          Braunschweiler or Robinson in view of Williams.                             


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejection, we make reference to the final rejection (Paper No.              
          12, mailed January 7, 1999) and the answer (Paper No. 18,                   
          mailed December 2, 1999) for the examiner's complete reasoning              
          in support of the rejection, and to the brief (Paper No. 17,                
          filed September 21, 1999) and reply brief (Paper No. 19, filed              
          February 7, 2000) for the appellants' arguments thereagainst.               


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants' specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  Upon evaluation of all the evidence before us, it                
          is our conclusion that the evidence adduced by the examiner is              
          insufficient to establish a prima facie case of obviousness                 







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007