Ex Parte DOWDY - Page 4





          Appeal No. 2002-1606                                                        
          Application No. 08/906,648                                                  

          consideration, in reaching our decision, Appellant’s arguments              
          set forth in the Brief along with the Examiner’s rationale in               
          support of the rejection and arguments in rebuttal set forth in             
          the Examiner’s Answer.                                                      
               It is our view, after consideration of the record before us,           
          that the evidence relied upon and the level of skill in the                 
          particular art would have suggested to one of ordinary skill in             
          the art the obviousness of the invention as set forth in claims             
          1-11 and 17.  We reach the opposite conclusion with respect to              
          claims 12-16.  Accordingly, we affirm-in-part.                              
               Appellant’s arguments in response to the Examiner’s                    
          rejection of the appealed claims are organized according to a               
          suggested grouping of claims indicated at page 5 of the Brief.              
          We will consider the appealed claims separately only to the                 
          extent separate arguments for patentability are presented.  Any             
          dependent claim not separately argued will stand or fall with its           
          base claim.  Note In re King, 801 F.2d 1324, 1325, 231 USPQ 136,            
          137 (Fed. Cir. 1986); In re Sernaker, 702 F.2d 989, 991, 217 USPQ           
          1, 3 (Fed. Cir. 1983).                                                      
               As a general proposition in an appeal involving a rejection            
          under 35 U.S.C. § 103, an Examiner is under a burden to make out            
          a prima facie case of obviousness.  If that burden is met, the              

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