Appeal No. 1996-3808 Page 8
Application No. 08/213,832
reactor. Based upon the above considerations, we conclude that
the comparative example does not reflect the procedure used in
the art of record to Metzger.
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).
DECISION
The rejection of claims 3, 4 and 9 under 35 U.S.C. § 103
for being unpatentable over Metzger in view of Beals is
affirmed.
The decision of the examiner is affirmed.
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