Appeal No. 2006-3040 Page 7
Application No. 10/261,196
claims is deemed to be rendered obvious by the collective teachings of the applied prior
art [answer, pages 8-12]. We have considered the examiner’s findings in support of these
rejections, and we find that the examiner has at least established a prima facie case of
obviousness. Appellants have made no arguments with respect to these rejections and
have simply relied on the arguments made with respect to claim 1 [brief, page 9]. Since
the examiner has established a prima facie case of obviousness, and since appellants have
offered no new arguments to rebut the examiner’s rejections, we also sustain the
examiner’s rejections of the claims based on the additional teachings of Vining and Gur.
In summary, we have sustained each of the examiner’s rejections of the claims on
appeal. Therefore, the decision of the examiner rejecting claims 1 and 3-47 is affirmed.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a)(1)(iv).
AFFIRMED
)
Errol A. Krass )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Jerry Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Joseph F. Ruggiero )
Administrative Patent Judge )
JS/eld
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