Ex Parte Nelson - Page 3




          Appeal No. 2004-1197                                                               
          Application No. 10/041,430                                                         


                                          OPINION                                            


                In reaching our conclusion on the obviousness issue raised                   
          in this appeal, this panel of the Board has carefully considered                   
          appellant's specification and claims 1, 10, and 17, the applied                    
          teachings,1 and the respective viewpoints of appellant and the                     
          examiner.  As a consequence of our review, we make the                             
          determination which follows.                                                       


                We do not sustain the obviousness rejection of independent                   
          claims 1, 10, and 17, and likewise do not sustain the rejection                    
          of the claims dependent therefrom since they stand or fall with                    
          the independent claims, as earlier specified.                                      







                1 In our evaluation of the applied prior art, we have                        
          considered all of the disclosure of each document for what it                      
          would have fairly taught one of ordinary skill in the art.  See                    
          In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                       
          Additionally, this panel of the Board has taken into account not                   
          only the specific teachings, but also the inferences which one                     
          skilled in the art would reasonably have been expected to draw                     
          from the disclosure.  See In re Preda, 401 F.2d 825, 826,                          
          159 USPQ 342, 344 (CCPA 1968).                                                     

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