Ex Parte Bersuch et al - Page 17



          Appeal No. 2006-0132                                                       
          Application No. 09/946,627                                                 


                         DISCUSSION OF FACTS AND CONCLUSIONS                         
               We have carefully reviewed the claims, specification and              
          prior art, including all of the arguments advanced by both the             
          examiner and the appellants in support of their respective                 
          positions.  This review has led us to conclude that the                    
          examiner’s section 103(a) rejections are well founded.                     
          Accordingly, we affirm the examiner’s decision rejecting the               
          claims on appeal under section 103(a) for essentially the                  
          findings and conclusions set forth in the Answer and the                   
          Supplemental Answer.  We add the following primarily for emphasis          
          and completeness.3                                                         
               To establish a prima facie case of obviousness under section          
          103, there must be some teaching, suggestion and/or motivation in          
          the applied prior art taken as a whole and/or knowledge generally          
          available to a person having ordinary skill in the art, which              
          would have led that person to the claimed invention, without any           
                                                                                    
          3 For purposes of this appeal, we limit our discussion to claims 1, 3, 7, 11,
          13, 18, 22, 23, 27 and 28 consistent with 37 CFR § 41.37(c)(1)(vii)(2004). 
          The appellants' arguments in the Brief are limited to the groups of claims 
          represented by the above-identified claims.                                




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