Appeal No. 2001-1661 Page 4
Application No. 09/144,654
Claim 33 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Scheie in view of Pfeilsticker.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellant regarding the above-noted rejections, we make reference to the answer (Paper
No. 9, mailed October 12, 2000) for the examiner's complete reasoning in support of the
rejections, and to the brief (Paper No. 8, filed July 17, 2000) and reply brief (Paper No. 10,
filed December 12, 2000) 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 with respect to the claims under
appeal. Accordingly, we will not sustain the examiner's rejection of claims 22 to 33 under
35 U.S.C. § 103. Our reasoning for this determination follows.
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