Appeal No. 1997-3206
Application No. 08/350,274
Claims 3-5 and 14-16 stand finally rejected under 35 U.S.C.
§ 103 as being unpatentable over Brown in view of Borland.
Claims 11 and 22 stand finally rejected under 35 U.S.C. § 103
as being unpatentable over Brown in view of Gusenius.
Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the Brief and Answer for the
respective details.
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, Appellants’ arguments
set forth in the Brief 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 not have suggested to one of ordinary
skill in the art the obviousness of the invention as set forth
in claims 1-23. Accordingly, we reverse.
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