Ex Parte Manz et al - Page 6



               Appeal No.  2005-2077                                                                                               
               Application No. 10/046,564                                                                                          

                 reasonable.  Since Appellants have failed to specifically challenge the Examiner’s factual                        
                 determinations, we presume that they are in agreement with the Examiner.  Thus, for the                           
                 reasons presented above regarding independent claim 1 and the reasons expressed by the                            
                 Examiner we will uphold these rejections.                                                                         
                                                        CONCLUSION                                                                 
                       For the foregoing reasons and those set forth in the Answer, given due weight to                            
                 Appellants’ arguments, we determine that the preponderance of evidence weighs in favor                            
                 of the Examiner’s rejections.  Accordingly, the Examiner’s rejections under 35 U.S.C.                             
                 § 103(a) are affirmed.                                                                                            

























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