Appeal No. 2006-1428 Παγε 3
Application No. 10/669,157
2005) for the examiner's complete reasoning in support of the
rejection, and to the brief (filed August 8, 2005) and reply
brief (filed December 21, 2005) for the appellants’ arguments
thereagainst.
Only those arguments actually made by appellants have been
considered in this decision. Arguments which appellants could
have made but chose not to make in the brief have not been
considered. See 37 CFR § 41.37(c)(1)(vii)(eff. Sept. 13, 2004).
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejection advanced
by the examiner, and the evidence of obviousness relied upon by
the examiner as support for the rejection. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellants' arguments set forth in the briefs along with the
examiner's rationale in support of the rejection and
arguments in rebuttal set forth in the examiner's answer. Upon
consideration of the record before us, we make the determinations
which follow.
We begin with claim 1. In rejecting claims under 35 U.S.C.
§ 103, it is incumbent upon the examiner to establish a factual
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007