Ex Parte Draganitsch et al - Page 5

                Appeal 2006-2358                                                                              
                Application 09/817,573                                                                        
                      Claim 4 stands rejected under 35 U.S.C. §103(a) over the combined                       
                teachings of Wolf, Biggs, and Haas.  Appellants have not provided                             
                arguments regarding this separate ground of rejection.  As such, Appellants                   
                have not challenged the suitability of combining the teachings of the Wolf,                   
                Biggs, and Haas references as proposed by the Examiner (Answer 5).  Since                     
                Appellants have failed to substantively challenge the Examiner's basis for                    
                combining the references we affirm the Examiner's rejection for the reasons                   
                presented by the Examiner.                                                                    
                      For the foregoing reasons and those set forth in the Answer, we                         
                determine that the Examiner has established a prima facie case of                             
                unpatentability under § 103, which has not been adequately rebutted by                        
                Appellants.  Accordingly, the Examiner's rejections under 35 U.S.C. § 103                     
                are affirmed.                                                                                 
                                              CONCLUSION                                                      
                      The rejections of claims 1-3 and 5-6 under 35 U.S.C. § 103(a) as                        
                obvious over Wolf and Biggs and claim 4 under 35 U.S.C. § 103(a) over the                     
                combined teachings of Wolf, Biggs, and Haas have been affirmed.                               













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