Appeal No. 2006-0455 Page 14
Application No. 10/217,378
We turn next to claim 20. Appellant argues (brief, page 15)
that claim 20 is allowable based upon its dependency from claim
19, and because of its novel claim features. From our review of
claim 20, we find that the claim recites that the angle 2 has a
value selected from approximately 5 degrees to approximately 15
degrees from the vertical axis. From the disclosure of Iwata of
providing several angles between the vertical and horizontal
positions, we find that the specific range set forth, in the
absence of any unexpected result, would have been within the
level of ordinary skill of an artisan. Accordingly, the
rejection of claim 20 under 35 U.S.C. § 103(a) is affirmed.
CONCLUSION
To summarize, the decision of the examiner to reject claims
1-20 under 35 U.S.C. § 103(a) as being unpatentable over Mitsui
is reversed. The decision of the examiner to reject claims 1-6,
8-14 and 16-20 under 35 U.S.C. § 103(a) as being unpatentable
over Mitsui in view of Iwata is affirmed. The decision of the
examiner to reject claims 7 and 15 under 35 U.S.C. § 103(a) as
being unpatentable over Mitsui in view of Iwata is reversed.
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