Appeal 2007-2021
Application 09/790,726
Claim 3
Likewise, we will sustain the Examiner's rejection of claim 3 under 35
U.S.C. § 103(a) as being unpatentable over the teachings of over Wiser in
view of Lin, Balabanovic, and further in view of Friend. We find that (1)
the Examiner has established at least a prima facie case of obviousness for
these claims on Page 7 of the Answer, and (2) Appellant has not
persuasively rebutted the Examiner's prima facie case, but merely noted that
Friend fails to cure the deficiencies of the other cited references in
connection with independent claim 1. For the reasons previously discussed,
however, the rejection is therefore sustained.
DECISION
We have sustained the Examiner's rejections with respect to all claims
on appeal. Therefore, the Examiner’s decision rejecting claims 1-8 and 23 is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
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Last modified: September 9, 2013