Appeal No. 1998-0723
Application 08/570,851
Liebmann et al. (Liebmann) 5,537,648 July 16, 1996
(filed Aug. 15, 1994)
Spence 5,573,890 Nov. 12, 1996
(filed July 18, 1994)
Claims 1-8 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness the examiner offers Liebmann in view
of Spence.
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 not have suggested to one of ordinary
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