Ex Parte MESMER et al - Page 7




              Appeal No. 2002-1970                                                                Page 7                
              Application No. 09/072,333                                                                                


                     For the foregoing reasons, we conclude that the combined teachings of                              
              McPherson and Bergvall are insufficient to establish that the differences between the                     
              subject matter of claims 1 and 9 and the prior art are such that the subject matter as a                  
              whole would have been obvious at the time the invention was made to a person of                           
              ordinary skill in the art.  It thus follows that we shall not sustain the rejection of claims 1           
              and 9 or claims 3-8 and 11-13 depending therefrom.                                                        
































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