Appeal No. 1996-0249 Page 10
Application No. 08/076,709
In sum, we find that the examiner has properly utilized
the teachings and suggestions within the prior art both as to
what the references teach and also as to what they fairly
would have suggested to one of ordinary skill in the art. In
re Burckel, 592 F.2d 1175, 1179, 201 USPQ 67, 70 (CCPA 1979).
Accordingly, we conclude that the examiner has met her burden
of establishing that the claimed subject matter would have
been prima facie obvious to one of ordinary skill in the art
at the time the application was filed. In re Fine, 837 F.2d
1071, 1074, 5 USPQ2d 1596, 1598-99 (Fed. Cir. 1988). Upon
reconsideration in light of appellant's arguments, we find
that the evidence of obviousness outweighs any
arguments/evidence alleging nonobviousness that has been
presented.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1-13 and 20-23 under 35 U.S.C. § 103 as being
unpatentable over Johnson in view of the Dow brochure is
affirmed.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007