Ex Parte Westphal et al - Page 4




         Appeal No. 2006-1695                                                       
         Application No. 10/649,277                                                 

              3.  Claims 10, 23, and 37 stand rejected under 35 U.S.C.              
         § 103(a) as being unpatentable over Takagi in view of Lee,                 
         Kuchta, and further in view of Higgins.                                    
              4.  Claims 25 and 27 stand rejected under 35 U.S.C. § 103(a)          
         as being unpatentable over Takeda in view of Kagle.                        
              Rather than repeat the arguments of appellants 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 appellants'                   
         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           







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