Appeal No. 97-3070 Application 08/584,097 we are satisfied that the above-noted declarations fall far short of establishing long-felt need. When all the evidence and argument are considered anew it is our conclusion that, on balance, the evidence and argument presented by the appellant, taken as a whole, fails to out- weigh he evidence of obviousness established by the prior art. See, Newell Cos. v. Kenney Mfg. Co., 864 F.2d 757, 768, 9 USPQ2d 1417, 1426 (Fed. Cir. 1988) and In re Beattie, 974 F.2d 1309, 1313, 24 USPQ2d 1040, 1043 (Fed. Cir. 1992). All of the examiner's rejections under 35 U.S.C. § 103 are affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a) AFFIRMED 14Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007