Ex Parte ROFF - Page 6




              Appeal No. 2001-1517                                                                                        
              Application No. 09/132,285                                                                                  


              scheduled medical appointments.  (See brief at pages 7-8.)  We agree with appellant                         
              and find that the examiner has not provided any convincing line of reasoning beyond                         
              mere conclusion and supposition based upon improper hindsight.  Therefore, we cannot                        
              sustain the examiner’s rejection of independent claim 4 and its dependent claims.                           
              Similarly, we cannot sustain the rejection of independent claims 19, 28 and their                           
              dependent claims.                                                                                           
                                                    CONCLUSION                                                            
                     To summarize, the decision of the examiner to reject claims 4-12 and 19-34                           
              under 35 U.S.C. § 103 is reversed.                                                                          




















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