Appeal No. 1997-1280 Page 8
Application No. 08/356,912
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 31 through 33 under 35 U.S.C. § 103 as unpatentable over
Pennev is affirmed.
The decision of the examiner is affirmed.
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