Appeal No. 2004-0478
Application No. 09/768,976
Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444. See also Piasecki,
745 F.2d at 1472, 223 USPQ at 788.
An obviousness analysis commences with a review and
consideration of all the pertinent evidence and arguments. "In
reviewing the [E]xaminer's decision on appeal, the Board must
necessarily weigh all of the evidence and argument." Oetiker,
977 F.2d at 1445, 24 USPQ2d at 1444. "[T]he Board must not only
assure that the requisite findings are made, based on evidence of
record, but must also explain the reasoning by which the findings
are deemed to support the agency's conclusion." In re Lee,
277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002).
With respect to dependent claim 4, Appellants argue at page
15 of the brief solely by referring back to their argument with
respect to claim 1. We find that Appellants' argument does not
overcome the Examiner's prima facie showing of obviousness for
the reasons discussed above with respect to claims 1.
Therefore, we will sustain the Examiner's rejection under
35 U.S.C. § 103 for the same reasons as set forth above.
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