Appeal No. 2001-0459
Application 09/171,769
The examiner relies on the following references:
Pollmann et al. (Pollmann) 3,942,143 Mar. 02, 1976
Kuhn et al. (Kuhn) 4,087,770 May 02, 1978
Haas 5,717,370 Feb. 10, 1998
(filed Feb. 14, 1996)
Claims 3 and 5-7 stand rejected under 35 U.S.C. § 103.
As evidence of obviousness the examiner offers Pollmann in view
of Kuhn and Haas.
Rather than repeat the arguments of appellant 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 appellant’s
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
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