Ex Parte SELDESLACHTS - Page 7



                Appeal 2007-0295                                                                                
                Application 09/051,565                                                                          

                the Examiner’s factual findings and conclusion of law as stated in the                          
                Answer 6-7.                                                                                     
                       For the foregoing reasons and those stated in the Answer, we                             
                determine that a prima facie case of obviousness has been established by the                    
                reference evidence.  Based on the totality of the record, including due                         
                consideration of Appellant’s arguments, we determine that the                                   
                preponderance of the evidence weighs most heavily in favor of obviousness                       
                within the meaning of § 103(a).  Therefore, we affirm the sole rejection on                     
                appeal.                                                                                         
                       The decision of the Examiner 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)(2006).                            
                                                 AFFIRMED                                                       






                clj                                                                                             
                Bachman & Lapointe                                                                              
                900 Chapel St.                                                                                  
                Suite 1201                                                                                      
                New Haven, CT  06510-2802                                                                       


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