Appeal No. 96-3019
Application No. 08/386,136
Ito(‘628). See In re Burckel, 592 F.2d 1175, 1180, 201 USPQ
67, 71 (CCPA 1979); In re Lindner, 457 F.2d 506, 508, 173 USPQ
356, 358 (CCPA 1972).
Accordingly, based on our consideration of the totality
of the record before us, and having evaluated the prima facie
case of obviousness in view of appellants’ arguments and
evidence, we conclude that the preponderance of evidence
weighs in favor of obviousness of the claimed subject matter
within the meaning of
§ 103. See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d
1443, 1444 (Fed. Cir. 1992).
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