Ex Parte PALTENGHE et al - Page 6




          Appeal No. 2003-0755                                                         
          Application No. 09/190,993                                                   


          have been modified and/or combined to arrive at the claimed                  
          invention.  In our opinion, the Examiner's analysis is sufficiently          
          reasonable that we find that the Examiner has at least satisfied             
          the burden of presenting a prima facie case of obviousness.  The             
          burden is, therefore, upon Appellants to come forward with evidence          
          and/or arguments which persuasively rebut the Examiner’s prima               
          facie case of obviousness.  Only those arguments actually made by            
          Appellants have been considered in this decision.  Arguments which           
          Appellants could have made but chose not to make in the Brief have           
          not been considered [see 37 CFR § 1.192(a)].                                 
               Appellants’ arguments in response to the obviousness rejection          
          initially assert that the Examiner has failed to establish a prima           
          facie case of obviousness since all of the claimed limitations are           
          not taught or suggested by the applied prior art references.  After          
          careful review of the applied prior art references in light of the           
          arguments of record, we find Appellants’ assertions to be                    
          unpersuasive.  In our view, Appellants’ arguments unpersuasively             
          focus on the individual differences between the limitations of               
          representative claim 14 and each of the applied references.  It is           
          apparent, however, from the Examiner’s line of reasoning in the              
          Answer, that the basis for the obviousness rejection is the                  
          combination of Williams and Teicher.  One cannot show                        

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