Ex Parte Jones et al - Page 10




          Appeal No. 2004-2053                                                        
          Application 09/773,704                                                      



          system of Bonnefoy and the EP’209 publication as taught by                  
          Singh. . . .”                                                               
               The appellants also appear to rely on the same arguments               
          applicable to claim 1 above to establish patentability.  See,               
          e.g., the Brief, pages 21-22.  Thus, for the same reasons set               
          forth above, we are not convinced by the appellants’ arguments.             
               Thus, after due consideration of all of the evidence and               
          arguments proffered by both the examiner and the appellants, we             
          determine that the preponderance of evidence weighs in favor of             
          unpatentability of the claimed subject matter.  Accordingly, we             
          affirm the examiner’s decision rejecting all of the appealed                
          claims under 35 U.S.C. §§ 102(b) and 103(a).                                
















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