Ex Parte Okumura et al - Page 5



          Appeal No. 2006-0446                                                        
          Application No. 09/778,103                                                  

          Appellants’ argument misses the thrust of the examiner’s                    
          rejection, which involves substituting the sulfate supports of              
          Shigeru for the functionally equivalent supports taught by                  
          Lauder.  Such a substitution for the support would not compromise           
          the integrity of the ABO  crystal structure of Lauder, and the3                                                   
          examiner is correct in stating that columns 12-13 of Lauder                 
          indicate that “the support materials are not particularly                   
          limited” (page 7 of answer, first paragraph).                               
               As a final point, we note that appellants base no argument             
          upon objective evidence of nonobviousness, such as unexpected               
          results, which would serve to rebut the inference of obviousness            
          established by the applied prior art.                                       
               In conclusion, based on the foregoing and the reasons well-            
          stated by the examiner, the examiner’s decision rejecting the               
          appealed claims is affirmed.                                                









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