Ex Parte Zehnder, II et al - Page 7




          Appeal No. 2004-1109                                                        
          Application No. 09/754,686                                                  

          Accordingly, we determine that sufficient evidence has been                 
          presented to establish that making the emulators integral with              
          the master cylinder would have been obvious to one of ordinary              
          skill in this art, as well as demonstrating a motivation and                
          reasonable expectation of success in so making the components               
          integral.                                                                   
               For the foregoing reasons and those stated in the final                
          Office action and the Answer, we determine that the examiner has            
          established a prima facie case of obviousness.  Based on the                
          totality of the record, including due consideration of                      
          appellants’ arguments, we determine that the preponderance of               
          evidence weighs most heavily in favor of obviousness within the             
          meaning of section 103(a).  Therefore we affirm the examiner’s              
          rejection of claims 1, 3-16, and 18-20 under 35 U.S.C. § 103(a)             
          over Campau in view of the Complete Car Care Manual, Sasaki, and            
          Feigel.                                                                     











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