Appeal No. 2004-0242 Page 12
Application No. 09/873,594
the rejection is predicated upon a combination of prior art disclosures. See In re Merck
& Co. Inc., 800 F.2d 1091, 1097, 231 USPQ 375, 380 (Fed. Cir. 1986). In our view, the
combined teachings of Nesbitt and Wu are clearly suggestive of the claimed subject
matter as set forth above. Lastly, we incorporate the examiner's response to the
appellant's argument (answer, pp. 4-7) as our own.
For the reasons set forth above, the decision of the examiner to reject
independent claims 1, 7 and 13, and claims 4 to 6, 10 to 12 and 16 to 18 dependent
thereon, under 35 U.S.C. § 103 is affirmed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1, 4 to 7, 10 to 13
and 16 to 18 under 35 U.S.C. § 103 is affirmed.
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