Ex Parte Almog - Page 13

                Appeal 2006-2968                                                                             
                Application 10/039,481                                                                       

                this is “exactly what a person of the art would have understood as the utility               
                of the methodology or chargeability increase taught by the disclosure and                    
                shown in the figures.” (Br. 7).  But Appellant does not identify where the                   
                Specification discusses the concept of suitability for a given process, but not              
                suitable for others.  Nor does Appellant provide objective evidence of what                  
                those of ordinary skill in the art would have understood when reading the                    
                Specification.  Therefore, we cannot say that Appellant has met the burden                   
                in rebuttal.                                                                                 
                      With regard to the § 103 rejections, I agree with the determination and                
                reasoning of my colleagues in full.                                                          





                cam                                                                                          

                Hewlett Packard Company                                                                      
                P. O. Box 272400                                                                             
                3404 E. Harmony Road                                                                         
                Intellectual Property Admin.                                                                 
                Fort Collins, CO   80527-2400                                                                









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