Appeal No. 2001-1814
Application 09/092,115
Claims 1-4 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness the examiner offers the combination of
Auda and Wolf with respect to claims 1-3 and the combination of
Mishra, Auda and Maniar with respect to claim 4. The double
patenting rejection of claim 1 which was made in the final
rejection has been withdrawn by the examiner [answer, page 7].
Rather than repeat the arguments of appellants or the
examiner, we make reference to the brief and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejections advanced by the examiner and the evidence
of obviousness relied upon by the examiner as support for the
rejections. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellants’
arguments set forth in the brief 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
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