Ex Parte Lee - Page 9

                Appeal 2007-1033                                                                               
                Application 10/091,061                                                                         

                choose which precedents of the U.S. Court of Appeals for the Federal                           
                Circuit we will follow.  Our role is to apply the law as best we understand it,                
                and that is what we have done.                                                                 
                                                SUMMARY                                                        
                      When we weigh Appellant’s evidence of unexpected results against                         
                the evidence supporting the prima facie case of obviousness, we conclude                       
                that the Examiner’s position is not supported by the preponderance of the                      
                evidence of record.  We therefore reverse the rejections of claims 117-130                     
                under 35 U.S.C. § 103.  The rejection of claims 101-111 and 113-116 were                       
                not appealed and are therefore affirmed.                                                       
                                                                                                              

                                                REVERSED                                                       


















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