Ex Parte Lee et al - Page 4



               Appeal No. 2006-0400                                                                                              
               Application No. 09/917,433                                                                                        

               1-20 in column 7) as well as the Cody reference (e.g., see lines 26-31 in column 2).  It would                    
               have been obvious for one with ordinary skill in this art to monitor such art-recognized, result-                 
               effective variables.  See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936-37 (Fed.                      
               Cir. 1990); In re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980); In re Aller,                          
               220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).                                                                 
                      In summary, for the reasons set forth in the answer and above, the reference evidence                      
               adduced by the examiner establishes a prima facie case of obviousness which has not been                          
               successfully rebutted by the appellants with argument or evidence of nonobviousness.  We                          
               hereby sustain, therefore, each of the section 103 rejections before us on this appeal.  See                      
               In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992)                                         
                      The decision of the examiner is affirmed.                                                                  






















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