Appeal No. 2004-1827 Page 3
Application No. 09/467,396
of the rejection, and to appellant's brief (Paper No. 13, filed
December 11, 2003) and reply brief (Paper No. 15, filed May 7,
2004) for appellant's arguments thereagainst. Only those
arguments actually made by appellant have been considered in this
decision. Arguments which appellant could have made but chose
not to make in the briefs have not been considered.
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejection advanced
by the examiner, and the evidence of obviousness relied upon by
the examiner as support for the rejection. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellant's arguments set forth in the briefs along with the
examiner's rationale in support of the rejection and arguments in
rebuttal set forth in the examiner's answer.
Upon consideration of the record before us, we reverse. We
observe at the outset appellant's assertion (brief, page 4) that
claims 1-20 stand or fall together. Accordingly, we select claim
1 as representative of the group.
Turning to claim 1, we note as background that in rejecting
claims under 35 U.S.C. § 103, it is incumbent upon the examiner
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