Appeal 2007-1104
Application 09/962,697
CONCLUSION OF LAW
On the record before us, Appellants have not shown that the
Examiner failed to establish that Fukutomi anticipates the claimed invention
under 35 U.S.C. § 102. Further, Appellants have not shown that the
Examiner failed to establish that one of ordinary skill in the art at the time of
the present invention, would have concluded that Fukutomi in combination
with Jung renders the claimed invention unpatentable under 35 U.S.C.
§ 103(a).
DECISION
We affirm the Examiner’s decision to reject claims 13 through 15
under 35 U.S.C. § 102 as being anticipated by Fukutomi. We also affirm the
Examiner’s decision to reject claims 13 and 14 under 35 U.S.C.
§ 103(a) as being unpatentable over the combination of Fukutomi and Jung.
AFFIRMED
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