Appeal No. 2005-0351
Application 10/186,871
actually quoted the major arguments presented in the Brief and
provided significant traversing arguments to each of them.
Although it is correct for appellant to state at the
bottom of page 2 of the Reply Brief that the examiner in the
Answer merely repeats the same rejections set forth in the Final
Rejection, appellant presents no corresponding arguments to
justify the mere filing of the Reply Brief as to the rejection
under 35 U.S.C. § 103 at pages 2 and 3 of the Reply Brief. In
fact, no mention is made at all of any of the positions taken by
the examiner in the lengthy responsive arguments portion of the
Answer noted in the previous paragraph of this opinion. There
the examiner explains in detail a compelling line of reasoning
of combinability of the respective references indicating the
individual teachings, their overlapping nature, and compelling
rationales of combinability. In the absence of any traversal of
these responsive arguments of the examiner in the Answer, clearly
the weight of the arguments before us between the examiner and
appellant as to the rejection of all the claims under 35 U.S.C.
§ 103 clearly strongly favors the examiner and not appellant.
Therefore, we sustain the rejection of all claims on appeal under
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007