Ex Parte PORTNOY et al - Page 3



          Appeal No. 2004-1461                                                        
          Application No. 09/461,883                                                  

          Claims 1-4, 6-11, 13-20, 22-30, 32-35 and 37-39 stand                       
          rejected under 35 U.S.C. § 103(a).  As evidence of obviousness              
          the examiner offers Iliff in view of Rakshit with respect to                
          claims 1-4, 6-11, 14-20, 22-30, 32-35, 38 and 39, with “Official            
          Notice” added with respect to claims 13 and 37.                             
               Rather than repeat the arguments of appellants and the                 
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of obviousness relied upon by the examiner as support for the               
          rejections.  We have, likewise, reviewed and taken into                     
          consideration, in reaching our decision, the appellants’                    
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejections and arguments in rebuttal            
          set forth in the examiner’s answer.                                         
          It is our view, after consideration of the record before                    
          us, that the evidence relied upon and the level of skill in the             
          particular art would have suggested to one of ordinary skill in             
          the art the obviousness of the invention as set forth in the                
          claims on appeal.  Accordingly, we affirm.                                  
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