The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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under 1 We have considered the brief filed October 29, 2002 (Paper No. 27). 2 Claim 27 is also pending and has been withdrawn from consideration by the examiner under 37 CFR § 1.142(b). - 1 -Page: 1 2 3 4 5 NextLast modified: November 3, 2007