Ex Parte Rathbone et al

Patent Trial and Appeal Board

Oct 27, 2014

11490019 (P.T.A.B. Oct. 27, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte THOMAS RATHBONE, FRASER JOHN DICKIN, and
WENG WAH LOH
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Appeal 2013-000398
Application 11/490,019
Technology Center 2800
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Before BRADLEY R. GARRIS, KAREN M. HASTINGS, and
MICHAEL P. COLAIANNI, Administrative Patent Judges.

PER CURIAM.

DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134 from the Examiner’s
rejections of claims 1–6 and 8–18 under 35 U.S.C. § 103(a) as unpatentable
based on the combined prior art of Cato1 and Kita2 (for a complete listing of
the rejections, see Answer 5–19; also Br. 11).
Appellants’ arguments focus on the rejection of claim 1 (Br. 6–10).
Appellants rely upon the arguments made for claim 1 for all the other
rejections (Br. 11–14).
Upon consideration of the evidence on this record and each of
Appellants contentions, we find that the preponderance of evidence on this

1 Cato, US 5,874,724, patented Feb. 23, 1999.
2 Kita et al., US 5,231,289, patented July 27, 1993.
Appeal 2013-000398
Application 11/490,019

2
record supports the Examiner’s conclusion that the subject matter of
Appellants’ claims is unpatentable. We sustain the above rejections based
on the findings of fact, conclusions of law, and rebuttals to arguments3
expressed by the Examiner in the Answer.
The decision of the Examiner 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).

AFFIRMED

cdc

3 No Reply Brief has been filed.