Ex parte RIEGER et al. - Page 10

          Appeal No. 1995-5117                                                        
          Application No. 08/067,154                                                  

          12) as well as the corresponding property values recited by                 
          independent claims 10 and 15.                                               
               It is well settled that evidence presented to rebut a                  
          prima facie case of obviousness must be commensurate in scope               
          with the claims to which it pertains and that evidence offered              
          by way of a declaration which is considerably more narrow in                
          scope than claimed subject matter is not sufficient to rebut a              
          prima facie case of obviousness.  In re Dill, 604 F.2d 1356,                
          1361, 202 USPQ 805, 808 (CCPA 1979).  As explained above, the               
          Rieger declaration evidence of record is considerably more                  
          narrow than the independent claims under consideration.                     
          Therefore, it is our conclusion that the evidence before us,                
          on balance, weighs most heavily in favor of an obviousness                  
          conclusion with respect to the claimed subject matter under                 
               We will sustain, therefore, the examiner’s section 103                 
          rejection based on Weber of claims 2, 3, 10, 13 through 16 and              
          18 through 20.                                                              
               The decision of the examiner is affirmed.                              


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