Ex Parte DELAPA et al - Page 3



          Appeal No. 2003-1291                                                        
          Application 09/468,698                                                      


          Claims 63-66, 68-79, 81-96 and 98-117 stand rejected                        
          under 35 U.S.C. § 103(a).  As evidence of obviousness the                   
          examiner offers Lemon in view of Deaton.                                    
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejection advanced by the examiner and the evidence             
          of obviousness relied upon by the examiner as support for the               
          rejection.  We have, likewise, reviewed and taken into                      
          consideration, in reaching our decision, the appellants’                    
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejection and arguments in rebuttal             
          set forth in the examiner’s answer.                                         
          It is our view, after consideration of the record before                    
          us, that the evidence relied upon and the level of skill in the             
          particular art would not have suggested to one of ordinary skill            
          in the art the obviousness of the invention as set forth in the             
          claims on appeal.  Accordingly, we reverse.                                 

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