Appeal No. 2002-0146
Application No. 09/110,128
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 appellant’s
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
the art the obviousness of the invention as set forth in claims
1-7. We reach the opposite conclusion with respect to claims 8
and 9. Accordingly, we affirm-in-part.
Appellant has indicated that for purposes of this appeal
the claims will stand or fall together in the following three
groups: Group I has claims 1-3, Group II has claims 4-7, and
Group III has claims 8 and 9 [brief, page 4]. Consistent with
this indication appellant has made no separate arguments with
respect to any of the claims within each group. Accordingly, all
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