Ex Parte SIMON - Page 7




                    Appeal No. 2001-1008                                                                                                                                  
                    Application No. 08/971,097                                                                                                                            


                    presented a similar argument, the Court responded that there is                                                                                       
                    no precedence that holds that objective analysis, proper                                                                                              
                    authority, and reasoned findings can be omitted from Board                                                                                            
                    decisions.  See In re Lee, 277 F.3d at 1344, 61 USPQ2d at 1435.                                                                                       
                    Therefore, we will not sustain the Examiner's rejection of claims                                                                                     
                    1 through 3, and 7 through 12 as being unpatentable under 35                                                                                          
                    U.S.C. § 103.                                                                                                                                         
                              In regard to the rejection of claims 4 through 6 and 13                                                                                     
                    under 35 U.S.C. § 103, we note that the Examiner relies on the                                                                                        
                    same reason to combine Wolfe and Nishimura.  Therefore, for the                                                                                       
                    same reasons as above, we will not sustain this rejection.                                                                                            



















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