Appeal No. 97-3194 Page 33
Application No. 08/442,816
Kenney Manufacturing Co., 864 F.2d 757, 768, 9 USPQ2d 1417,
1426 (Fed. Cir. 1988).
In view of the foregoing, we are satisfied that when all
the evidence and arguments are considered, the evidence of
nonobviousness fails to outweigh the evidence of obviousness
as in Richardson-Vicks Inc. v. Upjohn Co., 122 F.3d 1476, 44
USPQ2d 1181 (Fed. Cir. 1997) and EWP Corp. v. Reliance
Universal, Inc., 755 F.2d 898, 225 USPQ 20 (Fed. Cir. 1985).
Accordingly, we sustain the rejections of claims 3, 4, 6, 9 to
20, 31 to 36 and 44 to 46 under 35 U.S.C. § 103 set forth
above wherein we had determined that a prima facie case of
obviousness had been established.
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