Appeal No. 2001-1421 Application No. 09/128,226 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, Appellants’ arguments set forth in the Briefs along with the Examiner’s rationale in support of the rejections 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 have suggested to one of ordinary skill in the art the invention as recited in claims 1-3, 6-11, 14, and 15. We reach the opposite conclusion with respect to the Examiner’s obviousness rejection of claims 4, 5, 12, and 13. Accordingly, we affirm-in-part. Appellants’ arguments in response to the Examiner’s obviousness rejection of the appealed claims are organized according to a suggested grouping of claims indicated at page 3 of the Brief. We will consider the appealed claims separately only to the extent separate arguments for patentability are presented. Any dependent claim not separately argued will stand -4–4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007