Ex Parte McPherson - Page 9




               Appeal No. 2006-1834                                                                                                  
               Application No. 09/852,253                                                                                            


               Accordingly, since the Examiner’s prima facie case of obviousness has not been overcome                               
               by any convincing arguments from Appellant, we sustain the Examiner’s 35 U.S.C.                                       
               § 103(a) rejection of dependent claims 22, 26, and 27 based on the combination of Petek                               
               and Sloane.2                                                                                                          
                       In summary, we have sustained the Examiner’s 35 U.S.C. § 103(a) rejection of all of                           
               the claims on appeal.  Therefore, the decision of the Examiner rejecting claims 1, 2, 7, 8,                           
               20-23, and 25-27 is affirmed.                                                                                         















                                                                                                                                    
               2  The Board may rely on less than all of the references applied by the Examiner in an                                
               obviousness rationale without designating it as a new ground of rejection.  In re Bush,                               
               296 F.2d 491, 496, 131 USPQ 263, 266-67 (CCPA 1961); In re Boyer, 363 F.2d 455,                                       
               458, n.2, 150 USPQ 441, 444, n.2 (CCPA 1966).                                                                         




                                                                 9                                                                   





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

Last modified: November 3, 2007