Ex parte CALVIN - Page 7




          Appeal No. 1997-0092                                                        
          Application No. 08/215,015                                                  

          alcohol wines prepared by Lang’s process and appellant’s                    
          processes.  Accordingly, on the record before us, appellant’s               
          arguments are unsupported by evidence and as such are entitled              
          to little, if any weight.                                                   
          Based on our consideration of the totality of the record                    
          before us, we have weighed the evidence of obviousness found                
          in the teachings of Lang, Thumm and Gogel and appellants’                   
          countervailing evidence of and argument for nonobviousness and              
          conclude that the claimed invention would have been obvious as              
          a matter of law under 35 U.S.C. § 103.                                      




















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