Appeal No. 2001-0482
Application No. 09/186,078
different problem. It is not necessary that the prior art suggest the same advantage or result
discovered by Appellant. See In re Linter, 458 F.2d 1013, 1015, 173 USPQ 560, 562 (CCPA 1972);
In re Dillon, 919 F.2d 688, 692, 16 USPQ2d 1897, 1901 (Fed. Cir. 1990), cert. denied, 500 U.S. 904
(1991).
In summary, with respect to the Examiner’s 35 U.S.C. § 103(a) rejection of the appealed
claims, we have sustained the rejection of claims 22-35, but have not sustained the rejection of
claims 1-21. Therefore, the Examiner’s decision rejecting claims 1-35 is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
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