Appeal 2007-1168
Application 10/211,407
anything. Put another way, the Examiner has not come forward with a
factual basis on which the legal conclusion of obviousness can properly
stand. Accordingly, the rejection of claims 2, 4, 11–15, 19, and 20 as
obvious under 35 U.S.C. § 103 over the combined teachings of Lutzow,
Sorrick, and Nissan is REVERSED.
D. Decision
On consideration of the appeal, for the reasons given, it is:
ORDERED that the decision of the Examiner rejecting claims 1
and 6–10 as obvious under 35 U.S.C. § 103 over the combined teachings of
Lutzow and Sorrick is affirmed.
FURTHER ORDERED that the decision of the Examiner
rejecting claims 2, 4, 11–15, 19, and 20 as obvious under 35 U.S.C. § 103
over the combined teachings of Lutzow, Sorrick, and Nissan is reversed.
FURTHER ORDERED that the time for taking further action is
not extendable under the provisions of 37 C.F.R. § 1.136(as)(2006).
AFFIRMED-IN-PART
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