Appeal No. 1997-0899
Application No. 08/127,268
evidence of obviousness relied upon by the examiner as support
for the rejections. We have, likewise, reviewed and taken
into consideration, in reaching our decision, the appellants’
arguments set forth in the briefs along with the examiner’s
rationale in support of the rejections 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
1-4, 6-11 and 13-15. We reach the opposite conclusion with
respect to claims 5 and 12. Accordingly, we affirm-in-part.
Appellants have indicated that for purposes of this
appeal the claims will stand or fall together in the following
five groups: Group I has claims 1, 7-9, 14 and 15, Group II
has claims 2, 3 and 10, Group III has claims 4 and 11, Group
IV has claims 5 and 12, and Group V has claims 6 and 13
4
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