Appeal No. 2005-0956 Page 15
Application No. 09/342,866
Examiner’s rejection under 35 U.S.C. § 103 for the same reasons as set forth
above.
V. Whether the Rejection of Claims 24, 27, 32, 34, 38, and 42-44
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 24, 27, 32, 34,
38, and 42-44. Accordingly, we reverse.
With respect to dependent claims 24, 27, 32, 34, 38, and 42-44, Appellant
does not present separate arguments and merely 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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