Ex Parte Malone et al - Page 7



          Appeal No. 2005-2711                                                         
          Application No. 10/028,015                                                   

          explanation of the prior art teachings and the claimed elements,             
          we agree with the Examiner that Ueda prima facie anticipates the             
          claimed subject matter of independent claim 1 and dependent claim            
          2.  Accordingly, the 35 U.S.C. § 102(e) rejection of claims 1 and            
          2 is sustained.                                                              
               Turning now to the 35 U.S.C. § 103 rejection of claim 9,                
          we note that Appellants merely rely on the arguments made with               
          respect to base claim 1.  Therefore, we find the subject matter              
          of claim 9 to be obvious over the teachings of Guzuk for the same            
          reasons discussed above with respect to independent claim 1.                 
          Thus, we find that the examiner has established a reasonable case            
          of prima facie obviousness and sustain the 35 U.S.C. § 103                   
          rejection of the claim 9 over Guzuk.                                         
                                      CONCLUSION                                       
               In view of the foregoing, the decision of the Examiner to               
          reject claims 1-8 under 35 U.S.C. § 102 and rejecting claim 9                
          under 35 U.S.C. § 103 is affirmed.                                           






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