Ex Parte Apfel - Page 3




         Appeal No. 2006-2089                                                       
         Application No. 09/778,291                                                 

              Claims 1-25, all of the appealed claims, stand finally                
         rejected under 35 U.S.C. § 103(a) as being unpatentable over               
         Shenoi in view of Shapiro.                                                 
              Rather than reiterate the arguments of Appellant and the              
         Examiner, reference is made to the Briefs1 and the 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, Appellant’s 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 have suggested to one of ordinary skill in            
         the art the obviousness of the invention as recited in claims 1-           
         25.  Accordingly, we affirm.                                               


                                                                                   
              1 The Appeal Brief was filed December 12, 2005.  In response          
         to the Examiner’s Answer mailed February 8, 2006, a Reply Brief            
         was filed April 14, 2006, which was acknowledged and entered by            
         the Examiner in the communication dated May 10, 2006.                      

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