Ex Parte Chen et al - Page 7




            Appeal No. 2004-0085                                                                      
            Application No. 09/876,447                                                                

                  We agree with the examiner’s conclusion of obviousness for                          
            the reasons expressed in the Answer.  The appellants have given                           
            no basis for a contrary conclusion other than their argument that                         
            the primary reference is deficient and that Laursen lends no                              
            additional weight in the §103(a) rejection.  As we have already                           
            found the Koos primary reference is not deficient with respect to                         
            the §102(b) rejection, we cannot agree with the appellants.  We                           
            therefore sustain the §103(a) rejection of claim 8 as being                               
            unpatentable over Koos in view of Laursen.                                                


                                              SUMMARY                                                 
                  The decision of the Examiner is affirmed.                                           




















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