Appeal No. 1997-2133
Application 08/172,507
After evidence or argument is submitted by the appellant in response to rejection
based on obviousness, patentability is determined on the totality of the record, by a
preponderance of evidence with due consideration to persuasiveness of the argument. We
have carefully studied the arguments and evidence of record. We agree with appellant that
the cited references also include objective evidence of non-obvious, a teaching away from
the claimed invention, which is sufficient to rebut the examiner’s prima facie case of
obviousness. On balance, we believe that the totality of the evidence presented by the
examiner and appellant weighs in favor of non-obviousness of the claimed invention. The
rejection of the claims for obviousness of the claimed invention is reversed.
CONCLUSION
The rejection of the claims under 35 U.S.C. § 103 for obviousness is reversed.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
HUBERT C. LORIN )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Demetra J. Mills )
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