Appeal No. 2002-2297
Application No. 08/980,585
Claims 1-35, all of the appealed claims, stand finally
rejected under 35 U.S.C. § 103(a). As evidence of obviousness,
the Examiner offers Abraham alone with respect to claims 1, 5-7,
and 11, and adds Maritzen to Abraham with respect to claims 2-4,
8-10, and 12-35.
Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the Briefs1 and Answer for the
respective details.
OPINION
We have carefully considered the subject matter on appeal,
the rejection advanced by the Examiner and the evidence of
obviousness relied upon by the Examiner as support for the
rejection. We have, likewise, reviewed and taken into
consideration, in reaching our decision, Appellants’ arguments
set forth in the Briefs 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
1 The Appeal Brief was filed March 12, 2002 (Paper No. 25). In response
to the Examiner’s Answer dated June 5, 2002 (Paper No. 26), a Reply Brief was
filed August 9, 2002 (Paper No. 27), which was acknowledged and entered by the
Examiner as indicated in the communication dated August 16, 2002 (Paper No.
28).
3
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