Appeal No. 2002-1133
Application No. 09/186,754
35 U.S.C. § 103
With respect to dependent claims 3 and 6, the examiner merely relies upon the
teachings of Odaka to teach the storage of data and we do not find that the teachings
of Odaka remedy the deficiencies noted above with the teachings of Girod. Therefore,
we find that the examiner has not established a prima facie case of obviousness, and
we cannot sustain the rejection of dependent claims 3 and 6.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1, 2, 5, and 8 under
35 U.S.C. § 102 is reversed, and the decision of the examiner to reject claims 3 and 6
under 35 U.S.C. § 103 is reversed.
REVERSED
JERRY SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOSEPH F. RUGGIERO ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
JOSEPH L. DIXON )
Administrative Patent Judge )
JLD:clm
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