Ex Parte Hsiao et al - Page 7


                    Appeal No. 2003-1656                                                                                                                                  
                    Application No. 09/725,973                                                                                                                            


                              In light of the foregoing, it is our ultimate determination                                                                                 
                    that the reference evidence adduced by the Examiner establishes a                                                                                     
                    prima facie case of obviousness which the Appellants have failed to                                                                                   
                    successfully rebut with argument or evidence of nonobviousness.  We                                                                                   
                    hereby sustain, therefore, the Examiner’s § 103 rejection of all                                                                                      
                    appealed claims as being unpatentable over Oozu in view of Jedlicka                                                                                   
                    and Chiulli.  See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d                                                                                       
                    1443, 1444 (Fed. Cir. 1992).                                                                                                                          
                              The decision of the Examiner is affirmed.                                                                                                   
























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