Appeal No. 2005-2014 Παγε 9
Application No. 09/792,737
combination of Simon, Lim, Nogami and Hong to reject the subject matter of claim 4
under 35 U.S.C. 103(a). The Appellants have failed to specifically discuss this rejection.
The Examiner has presented factual determinations regarding the suitability of
combining the teachings of the Gates reference with Simon, Lim, Nogami and Hong.
The Examiner's determinations seem reasonable and are based upon the evidence of
record. Since Appellants have failed specifically to challenge the factual determinations,
we presume that he is in agreement with the Examiner. Thus, for the reasons
presented above and the reasons presented by the Examiner we will uphold the
rejection.
CONCLUSION
For the foregoing reasons and those set forth in the Answer, based on the totality
of the record, we determine that the Examiner has established prima facie
unpatentablilty under section 103 which has not been adequately rebutted by
Appellants. Accordingly, the Examiner's rejections under 35 U.S.C. § 103 are affirmed.
The rejection of claims 1, 7, 34, 36, 37, and 40-44 under 35 U.S.C. 103(a) as
obvious over the combination of Simon, Lim, Nogami and Hong; and the rejection of
claim 4 under 35 U.S.C. 103(a) as obvious over the combination of Simon, Lim,
Nogami, Hong and Gates are affirmed.
TIME FOR TAKING ACTION
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