Ex Parte LANIGAN et al - Page 1






                                       The opinion in support of the decision being entered                                           
                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.                                                                            
                                                                                              Paper No. 32                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                            Ex parte WILLIAM ROBERT LANIGAN,                                                          
                                            RICHARD J. LEGARE and SHIV SIBAL                                                          
                                                         ______________                                                               
                                                      Appeal No. 2003-2032                                                            
                                                      Application 09/116,371                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, JEFFREY T. SMITH and POTEATE Administrative Patent Judges.                                              
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellants, in the brief1 and reply brief,                      
               and based on our review, find that we cannot sustain the rejection of appealed claims 1 through                        
               262 under 35 U.S.C. § 103(a) as being unpatentable over Harrington et al (Harrington) in view of                       
               Smith (answer, pages 3-4).                                                                                             
                       It is further well settled that in order to establish a prima facie case of obviousness under                  


                                                                                                                                     
               1  We have considered the brief filed October 29, 2002 (Paper No. 27).                                                 
               2  Claim 27 is also pending and has been withdrawn from consideration by the examiner under                            
               37 CFR § 1.142(b).                                                                                                     

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