Appeal No. 2007-2156
Application No. 10/606,358
agent such as described by Marzocchi ‘059 and Marzocchi ‘280 to solve this
problem.
CONCLUSION
Based on our consideration of the totality of the record before us, having
evaluated the prima facie case of obviousness in view of Appellants’ arguments
and evidence, we conclude that the subject matter of claims 1, 9 and 12 would have
been obvious to a person of ordinary skill in the art from the combined teachings of
the cited prior art. See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). Accordingly, the Examiner's rejection under 35 U.S.C. § 103 is
affirmed.
TIME FOR TAKING ACTION
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).
AFFIRMED
tf/ls
Birch Stewart Kolasch & Birch
P.O. Box 747
Falls Church, VA 22040-0747
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