Appeal No. 2001-2119
Application No. 08/826,744
Rather than reiterate the arguments of Appellant and
the Examiner, reference is made to the Brief (Paper No. 19)
and the Answer (Paper No. 20) for the respective details.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the Examiner, the
arguments in support of the rejection, 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, Appellant’s
arguments set forth in the Brief along with the Examiner’s
rationale in support of the rejection and arguments in
rebuttal set forth in the Examiner’s Answer. Only those
arguments actually made by Appellant have been considered in
this decision. Arguments which Appellant could have made
but chose not to make in the Brief have not been considered
(see 37 CFR § 1.192(a)).
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
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