Appeal No. 1999-1330
Application No. 08/527,373
suggested to those of ordinary skill in the art." In re Keller, 642 F.2d 413, 425, 208
USPQ 871, 881 (CCPA 1981).
When considered anew, we find, on balance, that the evidence and arguments
presented by the appellants, taken as a whole, fail to outweigh the evidence of
obviousness provided by the examiner. Newell Cos. v. Kenney Mfg. Co., 864 F.2d 757,
768, 9 USPQ2d 1417, 1426 (Fed. Cir. 1988), cert. denied, 493 U.S. 814 (1989); and
In re Beattie, 974 F.2d 1309, 1313, 24 USPQ2d 1040, 1043 (Fed. Cir. 1992). Thus,
the examiner has established a prima facie case of obviousness within the meaning of
35 U.S.C. § 103, which appellants have not overcome either by arguments or
convincing evidence. Therefore, we affirm the rejection of representative claim 1, as
well as claims 2 -11 under 35 U.S.C. § 103.
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