Appeal No. 2005-0956 Page 17
Application No. 09/342,866
VIII. Whether the Rejection of Claim 5 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 claim 5. Accordingly,
we reverse.
With respect to dependent claim 5, 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.
IX. Whether the Rejection of Claim 40 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 claim 40. Accordingly,
we reverse.
With respect to dependent claim 40, 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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