Appeal No. 2002-0230
Application No. 09/136,070
second rationale notwithstanding their clear opportunity to do so in filing their
previously mentioned reply brief. Because the appellants themselves have not even
alleged the presence of error in the examiner’s second rationale, it is inappropriate for
the majority to consider this rationale as failing to establish a prima facie case of
obviousness.
For the reasons set forth above and in the answer, I believe the examiner has
established a prima facie case of obviousness within the meaning of 35 U.S.C. § 103
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