Appeal No. 1999-2311
Application 08/777,805
The examiner relies on the following reference:
Barber et al. (Barber) 4,858,121 Aug. 15, 1989
Claims 1, 2, 4-14, 16-23, 28, 29, 32-37, 39-43, 46 and
51-54 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness the examiner offers Barber taken alone.
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 would not have
suggested to one of ordinary skill in the art the obviousness
of the invention as set forth in the appealed claims.
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