Appeal No. 2004-0240
Application No. 09/730,867
For the reasons set forth above and in the answer, I believe
the Examiner has established a prima facie case of obviousness
within the meaning of 35 U.S.C. § 103 with respect to at least
appealed claims 1 and 5. I express no view concerning the other
claims on appeal since the obviousness versus nonobviousness of
these claims has not been separately addressed by the majority.
In light of the foregoing, I would uphold the Examiner’s
Section 103 rejections, for the reasons provided above and by the
Examiner.
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) BOARD OF PATENT
JEFFREY T. SMITH ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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