Appeal No. 2004-0568
Application No. 09/229,547
Appellants have failed to apprise us why using the fasteners of
Morse on the acoustic panels of Birbragher and Dhoore would have
been nonnobvious to one of ordinary skill in the art. Appellants
simply state that which is acknowledged by the examiner to be
fact, namely, "[i]ncorporating blind fasteners of Morse '525 on
the acoustic panels of Birbragher '513 or Dhoore et al. '303 is
in contrast to the acoustic panel supports of Birbragher '513 or
Dhoore et al. '303" (page 7 of principal brief, paragraph four).
However, appellants have not proffered a substantive argument why
such an incorporation of the Morse fasteners would have been
nonobvious to one of ordinary skill in the art. We further note
that appellants base no argument upon objective evidence of
nonobviousness, such as unexpected results, which would serve to
rebut the prima facie case of obviousness established in the
examiner's § 103 rejections.
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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