Appeal No. 2003-1482
Application No. 09/156,816
Rejections at Issue
Claims 1, 3, 4, 6-11, 13, 14, 16, 17, 19-21, 23, 24, 26, 27, and 29-41 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Kesatoshi in view of
Reddy.
Opinion
We have carefully considered the subject matter on appeal, the rejections
advanced by the examiner and the evidence of obviousness relied upon by the
examiner as support for the rejections. We have, likewise, reviewed and taken
into consideration, in reaching our decision, the appellants’ arguments set forth in
the briefs1 along with the examiner’s rationale in support of the rejections and
arguments in rebuttal set forth in the examiner’s answer.
With full consideration being given to the subject matter on appeal, the
examiner’s rejections and the arguments of appellants and examiner, for the
reasons stated infra, we reverse the examiner’s rejection of claims 1, 3, 4, 6-11,
13, 14, 16, 17, 19-21, 23, 24, 26, 27, and 29-41 under 35 U.S.C. § 103.
Appellants argue, on pages 5 through 10 of the brief and pages 2 though 4 of the
reply brief, that there is no motivation to combine Kesatoshi and Reddy. Further,
1 This decision is based upon the Appeal Brief received March 8, 2002 (certified as being
filed on February 1, 2002, in accordance with 37 C.F.R. § 1.8(a)) and a Reply
Brief received October 21, 2002 (certified as being filed on October 15, 2002, in
accordance with 37 C.F.R. § 1.8(a)).
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