Ex Parte Balzer et al - Page 5




              Appeal No. 2003-0867                                                               Page 5                
              Application No. 09/688,104                                                                               


              rejection (Paper No. 14, mailed June 5, 2002) and the answer (Paper No. 19, mailed                       
              December 13, 2002) for the examiner's complete reasoning in support of the rejections,                   
              and to the brief (Paper No. 18, filed November 13, 2002) and reply brief (Paper No. 20,                  
              filed January 21, 2003) 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.  As a consequence                   
              of our review, we make the determinations which follow.                                                  


                     In the brief (p. 5), the appellants stated that (1) Claims 1, 2 and 4 to 13 stand or              
              fall together; (2) Claims 14 to 19 stand or fall together; and (3) Claim 20 stands alone.                


                     In accordance with the appellants grouping of claims and arguments provided,                      
              we need to review only the rejections of claims 1, 14 and 20 (the independent claims on                  
              appeal) to decide the appeal on the rejections under 35 U.S.C. § 103 set forth above.                    


                     The test for obviousness is what the combined teachings of the references would                   
              have suggested to one of ordinary skill in the art.  See In re Young, 927 F.2d 588, 591,                 








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