Appeal No. 2000-0917 Page 4
Application No. 09/104,763
Claim 10/8 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Villanueva in view of Curley, Dixon and
Rogowski.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellant regarding the above-noted
rejections, we make reference to the final rejection (Paper
No. 5, mailed April 27, 1999) and the answer (Paper No. 11,
mailed October 12, 1999) for the examiner's complete reasoning
in support of the rejections, and to the brief (Paper No. 9,
filed September 28, 1999) and reply brief (Paper No. 12, filed
December 10, 1999) for the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellant's specification and
claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the
examiner. Upon evaluation of all the evidence before us, it
is our conclusion that the evidence adduced by the examiner is
insufficient to establish a prima facie case of obviousness
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