Appeal No. 97-0780
Application 08/330,265
Claims 1-20 stand rejected under 35 U.S.C. § 103. As evidence of obviousness
the examiner offers Argo taken alone.
Rather than repeat the arguments of appellant or the examiner, we make reference
to the briefs and the answer for the respective details thereof.
OPINION
We have carefully considered the subject matter on appeal, the rejection advanced
by the examiner and the evidence of obviousness relied upon by the examiner as support
for the rejection. We have, likewise, reviewed and taken into consideration, in reaching
our decision, the appellant’s arguments set forth in the briefs along with the examiner’s
rationale in support of the rejection and arguments in rebuttal set forth in the examiner’s
answer.
It is our view, after consideration of the record before us, that the evidence relied
upon and the level of skill in the particular art would have suggested to one of ordinary skill
in the art the obviousness of the invention as set forth in claims 11, 14, 15, 17 and 18. We
reach the opposite conclusion with respect to claims 1-10, 12, 13, 16, 19 and 20.
Accordingly, we affirm-in-part.
Appellant has nominally indicated that the claims do not stand or fall together [brief,
page 4], but he has not specifically argued the limitations of each of the claims. To the
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