Appeal No. 1999-0455
Application 08/635,483
Claims 1-3 and 5 stand rejected under 35 U.S.C. § 103.
As evidence of obviousness the examiner offers Smithline,
Kebel, Tynan ’989 or Tynan ’827 in view of Sprague, Nelson or
Tynan ’087.
Rather than repeat the arguments of appellants 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 appellants’
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 skill in the art the obviousness of the invention as
set forth in claims 1-3 and 5. Accordingly, we reverse.
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