Ex Parte BRESLAU et al - Page 9



          Appeal No. 2003-0994                                                        
          Application No. 08/579,544                                                  

          rejection under 35 U.S.C. § 103(a) for the same reasons as set              
          forth above.                                                                
            IV. Whether the Rejection of Claims 22, 44, and 58 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            
          in the art the obviousness of the invention as set forth in                 
          claims 22, 44, and 58.  Accordingly, we reverse.                            
               With respect to claim 22, we note that the Examiner has                
          relied on the Baradel reference solely to teach, "an object                 
          management system" [answer, page 8].  The Baradel reference in              
          combination with the Travis and Huang fails to cure the                     
          deficiencies of Travis and Huang noted above with respect to                
          claim 16.  Therefore, we will not sustain the Examiner's                    
          rejection under 35 U.S.C. § 103(a) for the same reasons as set              
          forth above.                                                                









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