Ex Parte Malmin - Page 10

               Appeal 2007-1230                                                                             
               Application 10/633,935                                                                       
                                                                                                           
               silicon drift photodetector (SDP), but merely argues that the reference fails                
               to cure the basic deficiency in the Examiner’s proposed combination of                       
               references (Br. 10-11).                                                                      
                      Such an argument, however, does not overcome the Examiner’s prima                     
               facie case of obviousness for the reasons previously discussed.  Furthermore,                
               we see no reason why skilled artisan would not have relied on the teachings                  
               of Iwanczyk in using an SDD in conjunction with gamma-ray detectors                          
               employing scintillators essentially for the reasons stated by the Examiner                   
               (Answer 10, 13).  Moreover, Iwanczyk constitutes analogous art.                              
                      For at least these reasons, the Examiner’s rejection of representative                
               claim 12 is sustained.  Likewise, we also sustain the Examiner’s rejection of                
               claim 3 as it falls with claim 12.                                                           

                                        CONCLUSIONS OF LAW                                                  
                      On the record before us, Appellant has not established that the                       
               Examiner erred in combining Zeng and Miraldi in establishing a prima facie                   
               case of obviousness for representative claim 11.  Moreover, Appellant has                    
               not persuasively rebutted the Examiner’s prima facie case of obviousness for                 
               representative claim 12.                                                                     

                                                DECISION                                                    
                      We have sustained the Examiner's rejections with respect to all claims                
               on appeal.  Therefore, the Examiner’s decision rejecting claims 1-5, 7-15,                   
               18, 19, and 21-25 is affirmed.                                                               




                                                    10                                                      

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: September 9, 2013