Ex Parte BRESLAU et al - Page 10



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

            V.   Whether the Rejection of Claim 62 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 claim           
          62.  Accordingly, we reverse.                                               
            With respect to claim 62, we note that the Examiner has relied            
          on the Berbers reference solely to teach, "object management                
          including deleting" [answer, page 8].  The Berbers 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.                                                                
            VI. Whether the Rejection of Claim 63 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 claim           
          63.   Accordingly, we reverse.                                              
            With respect to claim 63, we note that the Examiner has relied            
          on the Corradi reference solely to teach, "instantiating split              
                                         10                                           


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007