Appeal No. 2006-0012
Application No. 10/061,338
support of the Section 103 rejection before us is:
Dias 6,540,791 B1 Apr. 1, 2003
(Filed Mar. 27, 2000)
REJECTION
Claims 1 through 37 stand rejected under 35 U.S.C. § 103 as
unpatentable over the disclosure of Dias.
OPINION
We have carefully reviewed the claims, specification and
prior art, including all of the evidence and arguments advanced
by both the examiner and the appellants in support of their
respective positions. This review has led us to conclude that
the examiner’s Section 103 rejection is well founded.
Accordingly, we affirm the examiner’s Section 103 rejection for
the findings of fact and conclusions set forth in the Answer. We
add the following primarily for emphasis and completeness.
Under Section 103, the obviousness of an invention cannot be
established by combining the teachings of the prior art
references absent some teaching, suggestion or incentive
supporting the combination. ACS Hospital Systems, Inc. v.
Montefiore Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed.
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