Appeal No. 2001-1601
Application No. 08/404,406
the adder. The level of the skilled artisan should not be
underestimated. See In re Sovish, 769 F.2d 738, 743, 226 USPQ
771, 774 (Fed. Cir. 1985). Accordingly, we will sustain the
obviousness rejection of claims 23, 25, and 28 over Freeburg and
Vasile.
For claim 27, the examiner added Graziano to the combination
of Freeburg and Vasile. As appellants did not provide any
arguments as to Graziano, we will sustain the rejection of claim
27 for the same reasons as claims 23, 25, and 28, supra.
CONCLUSION
The decision of the examiner rejecting claims 1 through 12,
16, 17, and 19 through 29 under 35 U.S.C. § 103 is reversed as to
claims 1 through 12, 16, 17, 19 through 22, 24, 26, and 29 and
affirmed as to claims 23, 25, 27 and 28. Thus, the examiner's
decision is affirmed-in-part.
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