Appeal No. 2003-0949
Application 09/164,517
obvious over the combination of Boliek, Rabbani and Oda.
Claims 6-7 stand rejected under 35 U.S.C. § 103 as being
obvious over the combination of Boliek, Rabbani and Rust.
Throughout our opinion, we make references to the
Appellant’s briefs, and to the Examiner’s Answer for the
respective detail thereof1.
OPINION
With full consideration being given to the subject matter on
appeal, the Examiner’s rejections and the arguments of the
Appellants and the Examiner, for the reasons stated infra, we
reverse the Examiner’s rejection of claims 1-7 under
35 U.S.C. § 103.
Appellants has indicated that for purposes of this appeal
all the claims stand or fall together.
I. Whether the Rejection of Claims 1-7 Under 35 U.S.C. § 103 is
proper?
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 not have suggested to one of ordinary skill
1
1 Appellants filed an appeal brief on August 6, 2002. Appellants original
brief filed on July 24, 2001, was fully replaced by the subsequent brief. The
Examiner mailed out an office communication on September 18, 2002.
3
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