Ex Parte PORTNOY et al - Page 10



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

          As noted above, the dependent claims fall with the                          
          independent claims because they have not been separately argued             
          for patentability.  With respect to claims 13 and 37, which are             
          rejected using the additional teachings of “Official Notice,” we            
          also sustain the rejection of these claims.  The examiner’s                 
          explanation of this rejection is sufficient to have established a           
          prima facie case of obviousness.  Since appellants have not                 
          offered any arguments in rebuttal with respect to this rejection,           
          the prima facie case of obviousness has not been overcome.                  
          In summary, we have sustained each of the examiner’s                        
          rejections of the claims on appeal.  Therefore, the decision of             
          the examiner rejecting claims 1-4, 6-11, 13-20, 22-30, 32-35 and            
          37-39 is affirmed.                                                          











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