Appeal No. 94-3349
Application 07/757,085
(European Patent)
THE REJECTIONS
Claims 9, 10, 33, 34 and 36-40 stand rejected under 35
U.S.C. § 103 as unpatentable over Blonder and Kubo.
Rather than reiterate the entire arguments of the
appellants and the examiner in support of their respective
positions, reference is made to appellants' brief (Paper No. 21)
and reply brief (Paper No. 23), and the examiner's answer (Paper
No. 22) for the full exposition thereof.
OPINION
In reaching our conclusions on the issues raised in
this appeal, we have carefully considered appellants'
specification and claims, the applied references, and the
respective viewpoints advanced by the appellants and the
examiner. As a consequence of our review, we have made the
determination that the claimed subject matter would have been
obvious within the meaning of 35 U.S.C. § 103. Our reasons for
this determination follow.
The rejection before us is based upon lack of
patentability under 35 U.S.C. § 103. Our current reviewing
court, the Court of Appeals for the Federal Circuit and its
predecessor, the Court of Customs and Patent Appeals, have
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