Ex Parte REINBERG - Page 3



          Appeal No. 2006-1107                                                        
          Application No. 09/382,442                                                  

          respect to claims 1, 2, 4, 5 and 7-10, with Nakajima added to               
          this combination with respect to claim 6, and with Sheu added to            
          the first combination with respect to claims 11-14.                         
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of obviousness relied upon by the examiner as support for the               
          rejections.  We have, likewise, reviewed and taken into                     
          consideration, in reaching our decision, the appellant’s                    
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejections and arguments in rebuttal            
          set forth in the examiner’s answer.                                         
          It is our view, after consideration of the record before                    
          us, that the evidence relied upon and the level of skill in the             
          particular art would not have suggested to one of ordinary skill            
          in the art the obviousness of the invention as set forth in the             
          claims on appeal.  Accordingly, we reverse.                                 
          In rejecting claims under 35 U.S.C. § 103, it is                            
          incumbent upon the examiner to establish a factual basis to                 
                                          3                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007