Appeal No. 2004-1484
Application 09/438,396
customer, we find this position to be contrary to the teachings
of Fernandez and to be based entirely on unsupported speculation
and conjecture on the examiner’s part. Therefore, we will not
sustain the examiner’s rejection of claims 19 and 20 under
35 U.S.C. § 103(a).
Since we have sustained the examiner’s rejection of claims
13 through 18 under 35 U.S.C. § 103(a), but not the rejections of
claims 1 through 12, 19 and 20 under 35 U.S.C. § 103(a), it
follows that the decision of the examiner is affirmed-in-part.
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