Ex Parte Cole et al - Page 11




          Appeal No. 2006-1685                                                          
          Application No. 10/081,369                                                    
                                                                                       
          We will not sustain the examiner’s rejection of these claims                  
          for essentially the reasons argued by appellants in the briefs                
          and for the reasons discussed above.  We agree with appellants                
          that Yokoi does not overcome the deficiencies in the main                     
          combination discussed above.                                                  
          With respect to the rejection of claims 20-22  based on                       
          Cole, Tokuda, Yokoi, Hier, and Kozlowski, the examiner has                    
          indicated how these claims are deemed to be obvious over the                  
          applied prior art [answer, page 6].  In addition to the arguments             
          considered above, appellants argue that the examiner has failed               
          to establish a prima facie case of obviousness [brief, page 15].              
          The examiner disagrees with appellants’ position for reasons                  
          discussed above [answer, pages 10-11].                                        
          We will not sustain the examiner’s rejection of these claims                  
          for essentially the reasons argued by appellants in the briefs                
          and for the reasons discussed above.                                          
          In summary, we have not sustained any of the examiner’s                       
          rejections of the claims on appeal.  Therefore, the decision of               
          the examiner rejecting claims 1-17 and 19-24 is reversed.                     









                                          11                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007