Ex Parte Glenn et al - Page 8

                Appeal 2007-3048                                                                               
                Application 10/355,018                                                                         
                      Thus, based on the totality of record, including due consideration of                    
                the Appellants’ arguments, we determine that the preponderance of evidence                     
                weighs most heavily in favor of obviousness within the meaning of                              
                35 U.S.C. § 103.  Accordingly, for the factual findings set forth in the                       
                Answer and above, we affirm the Examiner’s decision rejecting the claims                       
                on appeal under 35 U.S.C. § 103.                                                               

                V.   ORDER                                                                                     
                      The decision of the Examiner is affirmed.                                                

                VI.   TIME PERIOD FOR RESPONSE                                                                 
                      No time period for taking any subsequent action in connection with                       
                this appeal may be extended under 37 C.F.R. § 1.136(a).                                        
                                                 AFFIRMED                                                      










                clj                                                                                            
                Oblon, Spivak, McClelland, Maier & Neustadt, P.C.                                              
                1940 Duke Street                                                                               
                Alexandria, VA  22314                                                                          


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