Appeal No. 2004-2238
Application No. 09/878,743
CITED PRIOR ART
As evidence of unpatentability, the Examiner relies on the following
references:
Edwards 1,507,957 Sep. 09, 1924
Elder 4,730,370 Mar. 15, 1988
Nishibori 4,610,900 Sep. 09, 1986
The Examiner rejected claims 21-23 and 35 under 35 U.S.C. § 103(a)
as unpatentable over the combined teachings of Edwards, Elder and
Nishibori. (Answer, pp. 3-4).
OPINION
We have carefully reviewed the claims, specification and applied
prior art, including all of the arguments advanced by both the Examiner
and Appellants in support of their respective positions. This review leads us
to conclude that the Examiner’s § 103 rejection is well founded. See In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992); In re
Piasecki, 745 F.2d 1468, 1471-1472, 223 USPQ 785, 787-788 (Fed. Cir. 1984).
Rather than reiterate the conflicting viewpoints advanced by the
Examiner and the Appellants concerning the above-noted rejection, we
refer to the Answer and the Briefs.
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