Appeal No. 2005-2197 Page 8
Application No. 10/751,432
having a substantially fixed height. (Brief, p. 16). Since, Appellants have failed to
challenge the Examiner is stated motivation we assume that they are in agreement
therewith. Thus, we affirm the rejection for the reasons expressed by the Examiner.
CONCLUSION
For the foregoing reasons, giving due weight to Appellants’ arguments, we
determine that the preponderance of evidence weighs in favor of the Examiner’s
rejections. Accordingly, the Examiner's rejections under 35 U.S.C. §§ 102(b) and
103(a) are affirmed.
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