Appeal No. 2001-0676
Application No. 08/941,132
1092, 197 USPQ 601, 609 (CCPA 1978); In re Nolan, 553 F.2d 1261,
1267, 193 USPQ 641, 645 (CCPA 1977).
Under the circumstances recounted above, we concur with the
examiner that the evidence of obviousness drawn to the prima facie
case indicated above, on balance, outweighs the evidence of
nonobviousness proffered by the appellants. Thus, we
1) affirm the examiner’s Section 103 rejection of claims 9, 11 and
13 through 16 as unpatentable over the combined disclosures of
Yasuyuki and Kondo;
2) reverse the examiner’s Section 103 rejection of claims 10, 12,
and 17 through 19 as unpatentable over the combined disclosures of
Yasuyuki and Kondo;
3) affirm the examiner’s Section 103 rejection of claims 10, 12 and
17 through 19 as unpatentable over the combined disclosures of
Yasuyuki and either Burlett or Hayashi; and
4) reverse the examiner’s Section 103 rejection of claims 9, 11 and
13 through 16 as unpatentable over the combined disclosures of
Yasuyuki and either Burlett or Hayashi.
Accordingly, the decision of the examiner is affirmed.
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