Appeal No. 1998-2941 Page 46
Application No. 08/061,985
Reexamination Control No. 90/003,682
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 reject claims 12 to 17, 18/12, 18/16,
19/12 and 19/16 under
35 U.S.C. § 103 as set forth above.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 to 19 under 35 U.S.C. § 103 is reversed; the decision
of the examiner to reject claims 20, 25-28, 33-35, 46/20, and
46/28 under 35 U.S.C. § 102(e) as being anticipated by Dunn is
affirmed; the decision of the examiner to reject claims 20,
22, 23, 25-28, 30, 31, 33-35, 46/20, and 46/28 under 35 U.S.C.
§ 102(b) as being anticipated by either one of the News &
Observer article or the PSA abstract is affirmed; the decision
of the examiner to reject claims 20, 22-27, and 46/20 under
35 U.S.C. § 102(b) as being anticipated by Donchev is
affirmed; the decision of the examiner to reject claims 22-24
Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: November 3, 2007