Appeal 2007-1448
Application 10/601,325
In addition to the evidence relied upon by the Examiner, we rely on the
following additional patent:
Wisniewski US 5,722,124 Mar. 03, 1998
The following rejections are before us for review.
Claims 1-7, 11-13 are rejected under 35 U.S.C. §103(a) as being
unpatentable over Pohle (US 2,575,835) in view of Misono et al.
(US 4,374,344).
Claim 12 stands rejected under 35 U.S.C. §103(a) as being unpatentable
over Pohle (US 2,575,835) in view of Misono et al. (US 4,374,344) as applied to
claim 1 and further in view of Shaffer (US 5,717,290).
ISSUE
Appellants contend the Examiner erred in rejecting claims 1-7, 11-13 using
Pohle in view of Misono because (1) there is no motivation, suggestion or teaching
to combine, and (2) even if properly combined, these references still fail to account
for all the claimed elements. The Examiner, however, held it would have been
obvious to one with ordinary skill in the art to modify Pohle to result in the
claimed combination based upon the teachings of Misono.
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