Appeal No. 1998-0718
Application No. 08/400,779
Will 5,129,087 July 07, 1992
Claims 4, 7-9, 12 and 13 stand rejected under 35 U.S.C.
§ 103. As evidence of obviousness the examiner offers
Haswell-Smith in view of Will.
Rather than repeat the arguments of appellants or the
examiner, we make reference to the brief 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 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 4, 7-9, 12 and 13. Accordingly, we reverse.
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