Ex Parte Lemoff et al - Page 3



          Appeal No. 2005-0560                                                         
          Application No. 09/873,127                                                   

          Claims 1, 2, 4, 5, 8, 11, 12 and 16-18 stand rejected                        
          under 35 U.S.C. § 103(a).  As evidence of obviousness the                    
          examiner offers Kobayashi in view of Mock.                                   
          Rather than repeat the arguments of appellants or 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 rejection advanced by the examiner and the evidence              
          of obviousness relied upon by the examiner as support for the                
          rejection.  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 rejection 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.                                   


                                         -3-                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007