Ex Parte CHENG et al - Page 4




          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            

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