Appeal No. 1999-2687 Application 08/174,353 changes in our prior decision for the reasons which follow. A brief review of the prosecution of this appeal is instructive. Appellants filed an appeal brief in which each of the examiner’s rejections was argued to some extent. The examiner’s answer in response to this appeal brief responded to each of the arguments in the brief in a manner that was complete and persuasive. Appellants filed a reply brief in which they stated the following: The Examiner’s Answer clarifies the Examiner’s position in regard to many of the rejections. The Applicants’ primary position on Appeal is that one skilled in the art would not have been motivated to combine the disclosure of Wilson with that of Brownstein and/or Hamada et al. to achieve the present invention [reply brief, page 1]. The reply brief did not address any of the specific responses made by the examiner in the answer, but only addressed the propriety of the combination of references used by the examiner. The previous decision essentially affirmed the examiner’s rejections because appellants did not respond to the persuasive arguments of the examiner set forth in the answer, and because we agreed with the examiner that there was appropriate motivation to combine the prior art teachings in the manner proposed by the 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007