Appeal No. 2005-0956 Page 13
Application No. 09/342,866
III. Whether the Rejection of Claims 3-4, 6-10, and 20-23 Under
35 U.S.C. § 103 is proper?
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 not have suggested to
one of ordinary skill in the art the invention as set forth in claims 3-4, 6-10, and
20-23. Accordingly, we reverse.
With respect to dependent claims 3-4, 6-10, and 20-23, Appellant refers
back to the arguments present above for claim 1. Therefore, we will not sustain
the Examiner’s rejection under 35 U.S.C. § 103 for the same reasons as set forth
above.
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