Appeal 2007-1180
Application 10/405,742
For the above stated reasons, it is our determination that the reference
evidence adduced by the Examiner establishes a prima facie case of
unpatentability for each of the appealed claims which the Appellants have
failed to successfully rebut with argument or evidence of patentability. See
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992). We hereby sustain, therefore, the § 103 rejection of all appealed
claims as being unpatentable over Hodgkins and Jewell in view of Wenger
and Kearns.
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)(iv)(effective Sept.
13, 2004).
AFFIRMED
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Colgate-Palmolive Company
909 River Road
Piscataway, NJ 08855
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