Appeal No. 2005-1042
Application No. 09/759,543
1. A level comprising a level body and at least one bubble
level mounted in the level body, wherein the level body is of a
foamed metal.
The references relied upon by the examiner as evidence of
obviousness are:
Niebylski et al. (Niebylski) 3,873,392 Mar. 25, 1975
Provi 3,889,353 Jun. 17, 1975
Patten 4,099,961 Jul. 11, 1978
Richardson et al. (Richardson) 5,607,181 Mar. 4, 1997
Goss et al. (Goss) 5,749,152 May 12, 1998
Brungs 6,332,907 Dec. 25, 2001
(effective filing date Aug. 8, 1998)
The appealed claims are rejected as follows under 35 U.S.C.
§ 103(a):
Claim 1 is rejected over Goss in view of Patten;
Claim 4 is rejected over Goss in view of Patten and
further in view of Provi;
Claims 1 and 2 are rejected over Goss in view of
Brungs;
Claims 1-3 and 5 are rejected over Goss in view of
Niebylski; and
Claim 3 is rejected over Goss in view of Richardson.
On page 4 of the brief, the appellants state that “[c]laims
2 to 5 stand or fall with claim 1.” Consistent with this
statement, the brief contains no separate arguments regarding any
of appealed dependent claims 2-5. Under these circumstances, we
will focus on appealed claim 1 which is the sole independent
2
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