Ex Parte Sutton - Page 11


                Appeal No. 2006-2461                                                                         
                Application No. 09/991,020                                                                   


                environmental tests that expose devices under test to various temperature,                   
                pressure, and humidity conditions are known in the art [id.].  The examiner then             
                concludes that it would have been obvious to one of ordinary skill in the art at the         
                time of the invention to include an environmental test to determine whether the              
                device met or exceeded certain environmental tolerances in addition to                       
                operational tolerances [id.].                                                                
                      We will sustain the examiner's rejection of claim 20.  We find that (1) the            
                examiner has established at least a prima facie case of obviousness, and (2)                 
                appellant has not persuasively rebutted the examiner's prima facie case.  In this            
                regard, appellant merely notes that the addition of the admitted prior art fails to          
                cure the deficiencies of Akasheh in connection with independent claim 16 [brief,             
                page 16; reply brief, page 15].  Appellant adds that the alleged admitted prior art          
                fails to disclose or imply an environmental test [id.].  But such a mere conclusory          
                statement without supporting analysis or evidence hardly rebuts the examiner’s               
                prima facie case – a position that we find reasonable.  The rejection of claim 20            
                is therefore sustained.                                                                      
                      In summary, we have sustained the examiner's rejection with respect to all             
                claims on appeal.  Therefore, the decision of the examiner rejecting claims 1-24             
                is affirmed.                                                                                 







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