Ex Parte Martin et al - Page 20



          Appeal No. 2004-0478                                                        
          Application No. 09/768,976                                                  

            XVIII. Whether the Rejection of Claims 6 and 19 Under                     
                 35 U.S.C. § 103 is proper?                                           
          It is our view, after consideration of the record before us,                
          that the evidence relied upon and the level of skill in the                 
          particular art would have suggested to one of ordinary skill in             
          the art the invention as set forth in claims 6 and 19.                      
          Accordingly, we affirm.                                                     
          With respect to dependent claim 6, 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.                    
            XIX. Whether the Rejection of Claim 7 Under 35 U.S.C. § 103 is            
                 proper?                                                              
          It is our view, after consideration of the record before us,                
          that the evidence relied upon and the level of skill in the                 
          particular art would have suggested to one of ordinary skill in             
          the art the invention as set forth in claim 7.  Accordingly, we             
          affirm.                                                                     
               With respect to dependent claim 7, Appellants argue at page            
          15 of the brief solely by referring back to their argument with             


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