Ex Parte Jiang et al - Page 2



                Appeal 2007-0735                                                                                
                Application 10/821,023                                                                          

                       a filter material comprising at least one nickel foil layer and at least                 
                one titanium foil layer for bonding said stainless steel part to said titanium                  
                part.                                                                                           
                       The Examiner relies upon the following references as evidence of                         
                obviousness:                                                                                    
                Cusano US 3,994,430 Nov. 30, 1976                                                               
                Chang US 6,722,002 B1 Apr.  20, 2004                                                            
                       Appellants’ claimed invention is directed to an assembly of                              
                components comprising stainless steel and titanium parts bonded together.                       
                A filler material is used for the bonding and comprises at least one nickel                     
                foil layer and at least one titanium foil layer.  The assembly can be used in                   
                living tissue.                                                                                  
                       Appealed claims 1-12 stand rejected under 35 U.S.C. § 103(a) as                          
                being unpatentable over Chang.  Claim 13 stands rejected under 35 U.S.C.                        
                § 103(a) as being unpatentable over Chang in view of Cusano.1                                   
                       Appellants have not presented separate arguments for any particular                      
                claim against the § 103 rejection of claims 1-12.  Accordingly, claims 1-12                     
                stand or fall together.                                                                         
                       We have thoroughly reviewed each of Appellants’ arguments for                            
                patentability.  However, we are in complete agreement with the Examiner                         
                that the claimed subject matter would have been obvious to one of ordinary                      
                skill in the art within the meaning of § 103 in view of the applied prior art.                  


                                                                                                               
                1 The Examiner has withdrawn the rejections based on the admitted prior art.                    
                                                       2                                                        



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