Mixed decision for Ex parte de Leon

Ex parte de Leon


The evidence supports the Examiner’s conclusion that Choi and Jaeger suggest the method of claim 1. We therefore affirm the obviousness rejection of claim 1 and of claims 3-6, 8, and 10-19, which are not separately argued and therefore fall with claim 1. 37 C.F.R. § 41.37(c)(1)(vii).

However, the Examiner has not set forth a prima facie case that Choi and Jaeger suggest the method of claim 9. We therefore reverse the obviousness rejection of claim 9.