Appeal 2007-0127
Application 09/749,916
1 references which render the claimed subject matter obvious. Degner,
2 column 4, as noted above suggests the appropriateness (“most commonly”)
3 of plates ranging from about 0.1 cm to 2 cm, (from about 0.039 inch to 0.787
4 inch). The Appellants’ claimed range is squarely within Degner’s
5 description and has been shown to be prima facie obvious on the present
6 record . The Appellants have not come forward with convincing evidence of
7 unexpected results.
8 Accordingly, we are not persuaded of error on the part of the
9 Examiner.
10 CONCLUSION OF LAW
11 On the record before us, the Appellants have not shown that the
12 Examiner erred in rejecting the claims under 35 U.S.C. §103 in view of the
13 combined teachings of Degner, Saito, and/or Murai.
14
15 DECISION
16 The Rejection of Claims 1, 4-10, 30, 38, 39, and 41 under 35 U. S. C.
17 §103(a) over Degner in view of Murai is AFFIRMED.
18 The Rejection of Claims 3, 21, 25, 27, 31, 33-37 and 40 under 35
19 U.S.C. §103(a) over Degner in view of Murai and Saito is AFFIRMED.
20 The Rejection of Claims 1, 4-10, 30, 38, 39, and 41 Under 35 U.S.C.
21 §103(a) over Murai in view of Degner is AFFIRMED.
22 The Rejection of Claims 3, 21, 25, 27, 31, 33-37, and 40 under 35
23 U.S.C. §103(a) over Murai in view of Degner and Saito is AFFIRMED.
24 The Rejection of Claims 1, 3-10, 21, 25, 27, 30, 31, and 33-41 under
25 35 U.S.C. §103(a) over Saito in view of Degner is AFFIRMED.
40
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