Appeal No. 2004-1114 Page 14
Application No. 10/079,706
it follows that the decision of the examiner to reject claims 2 to 4 under 35 U.S.C.
§ 102(b) is also affirmed.
The obviousness rejection
In the final rejection (p. 5), the examiner set forth her rationale as to why claim 5
was unpatentable under 35 U.S.C. § 103 over Hart.
The appellants have not specifically contested this rejection in the brief. In fact,
the appellants state (brief, p. 7) "[w]ith respect to claim 5, Applicant does not submit any
arguments." Accordingly, we summarily sustain the rejection of claim 5 under
35 U.S.C. § 103.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1 to 4 under
35 U.S.C. § 112, first paragraph, is reversed; the decision of the examiner to reject
claims 1 to 4 and 6 under 35 U.S.C. § 102(b) is affirmed; and the decision of the
examiner to reject claim 5 under 35 U.S.C. § 103 is affirmed.
Since at least one rejection of each of the appealed claims has been affirmed,
the decision of the examiner is affirmed.
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