Appeal No. 2001-1419
Application No. 09/199,960
For the above reasons, since it is our opinion that the
Examiner’s prima facie case of obviousness has not been overcome
by any convincing arguments from Appellants, the Examiner’s
35 U.S.C. § 103(a) rejection of representative independent claim
9, as well as dependent claims 10-17 which fall with claim 9, is
sustained.
In summary, we have sustained the Examiner’s 35 U.S.C.
§ 103(a) rejection of all of the claims on appeal. Therefore,
the decision of the Examiner rejecting claims 9-17 is affirmed.2
2 At page 10 of the Answer, the Examiner asserts a possible enablement
problem with claims 18-20 which presently stand objected to and which
Appellants have amended to place in independent form. As there is no
35 U.S.C. § 112, first paragraph, rejection of these claims before us, we
decline to rule on the merits of such assertion.
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