Appeal No. 1998-2517
Application 08/317,129
make in the brief have not been considered [see 37 CFR
§ 1.192(a)].
Each of the examiner’s rejections of the claims under
35 U.S.C. § 103 fundamentally relies on Miyazaki as the
primary reference. For reasons discussed above, Miyazaki does
not provide the teachings attributed to it by the examiner.
We also agree with appellants that the teachings of Katz, IBM,
and/or Oliver do not cure the basic deficiencies of Miyazaki
discussed above. Therefore, the collective teachings of the
applied references fail to establish a prima facie case of
obviousness. Accordingly, we do not sustain any of the
examiner’s rejections of the claims under 35 U.S.C. § 103
based upon the applied references.
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