Ex Parte Boesch et al - Page 3



          Appeal No. 2005-1305                                             3           
          Application No. 10/078,890                                                   

               Rather than repeat the arguments of appellants or the                   
          examiner, we make reference to the brief 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 brief 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.                                   
               Appellants have indicated that for purposes of this appeal              
          the claims will all stand or fall together as a single group                 
          [brief, page 5].  Consistent with this indication appellants have            
          made no separate arguments with respect to any of the claims on              
          appeal.  Accordingly, all the claims before us will stand or fall            





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