Ex Parte Bruchmann et al - Page 8

               Appeal 2006-3071                                                                            
               Application 09/811,987                                                                      

                      Accordingly, based on our consideration of the totality of the record                
               before us, we have weighed the evidence of obviousness found in Bauriedel                   
               with Appellants’ countervailing evidence of and argument for                                
               nonobviousness and conclude that the claimed invention encompassed by                       
               appealed claims 1, 2, and 4 through 13 would have been obvious as a matter                  
               of law under 35 U.S.C. § 103(a).                                                            
                      The Examiner’s decision is affirmed.                                                 

















                      No time period for taking any subsequent action in connection with                   
               this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2005).                       
                                               AFFIRMED                                                    




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