Appeal No. 2006-2037 Page 11
Application No. 10/414,938
the rejection of claims 1, 3-7, 10, 11, 15, 16, and 20-24 under 35 U.S.C. § 102(e)
as anticipated by Pacetti.
Obviousness:
Claims 8, 9, and 18 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Pacetti. The examiner directs attention to the Final Rejection,
mailed March 31, 2005, for a statement of the rejection. The examiner offers
nothing more than an assertion that the discussion of Pacetti set forth in the
rejection under 35 U.S.C. § 102(e) leads to a finding that claims 8, 9 and 18
would have been prima facie obvious to a person of ordinary skill in the art at the
time the invention was made. Final Rejection, pages 11-12. We disagree for the
reasons set forth above.
Accordingly, we reverse the rejection of claims 8, 9 and 18 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Pacetti.
REVERSED
)
Donald E. Adams )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Demetra J. Mills ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Lora M. Green )
Administrative Patent Judge )
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