Appeal No. 2005-0314
Application No. 10/158,717
On the record of this appeal, no such proof has been proffered
by the Appellants. Therefore, the Examiner has established a
prima facie case of unpatentability which the Appellants have
failed to successfully rebut with argument or evidence of
patentability. We hereby sustain, therefore, the Examiner’s § 103
rejection of all appealed claims as being unpatentable over Phan.
See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992).
The decision of the Examiner is affirmed.
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