Ex Parte McGee et al - Page 5


               Appeal No. 2005-0308                                                                                                  
               Application 09/934,349                                                                                                



                       Accordingly, based on our consideration of the totality of the record before us, we have                      
               weighed the evidence of obviousness found in the combined teachings of Vanselow and Stein,                            
               the combined teachings of Vanselow, Stein and Dam and the combined teachings of Vanselow,                             
               Stein and Gordon, with appellants’ countervailing evidence of and argument for nonobviousness                         
               and conclude that the claimed invention encompassed by appealed claims 2 through 6 would                              
               have been obvious as a matter of law under 35 U.S.C. § 103(a).                                                        
                       The examiner’s decision is affirmed.                                                                          






























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