Ex Parte Hayes et al - Page 3




              Appeal No. 2006-1995                                                                                                             
              Application No. 10/662,263                                                                                                       


                     Claims 1-10 stand finally rejected under 35 U.S.C. § 103(a) as being                                                      
              unpatentable over the combination of Parienti and Renner.                                                                        
                     Rather than reiterate the arguments of Appellants and the Examiner, reference                                             
              is made to the Briefs1 and Answer for the respective details.                                                                    
                                                      OPINION                                                                                  


                     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.                                                                                              
                     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 in the art the obviousness of the invention as set forth in claims 1-10.                                          

                                                                                                                                              
              1 The Appeal Brief was filed January 17, 2006.  In response to the Examiner’s Answer                                             
              mailed March 8, 2006, a Reply Brief was filed March 29, 2006, which was                                                          
              acknowledged and entered by the Examiner as indicated in the communication dated                                                 
              April 11, 2006.                                                                                                                  




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