Ex Parte Bershad et al - Page 12


                Appeal No. 2006-1690                                                                         
                Application No. 10/154,185                                                                   

                examiner's prima facie case.  Appellants did not persuasively rebut the                      
                examiner's prima facie case of obviousness, but merely noted that the addition of            
                El Malki fails to cure the deficiencies of Park in connection with claims 1, 11, 14,         
                and 21.  The rejection is therefore sustained.                                               
                      Likewise, we will sustain the examiner's rejection of claims 9 and 17 under            
                35 U.S.C. § 103(a) as being unpatentable over the teachings of Park in view of               
                Sankaran.  We find that (1) the examiner has established at least a prima facie              
                case of obviousness for these claims on page 9 of the answer, and (2) appellants             
                have not persuasively rebutted the examiner's prima facie case.  The rejection is            
                therefore sustained.                                                                         
                      In summary, we have sustained the examiner's rejections of claims 1, 4-8,              
                10-16, 18, 19, 21, and 23-27, but we have not sustained the examiner's rejection             
                of claims 2, 20, and 22.   Therefore, the decision of the examiner rejecting claims          
                1, 2, and 4-27 is affirmed-in-part.                                                          

















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