Ex parte LEHMANN et al. - Page 10

          Appeal No. 1997-3189                                                        
          Application 08/592,898                                                      

          absolute certainty, is all that is required.  See O’Farrell, 853            
          F.2d at 902, 7 USPQ2d at 1680.                                              
               Because a prima facie case of obviousness has been                     
          established which has not been effectively rebutted by                      
          appellants, we affirm the examiner’s rejection.                             
                                      DECISION                                        
               The rejection of claims 7-9 and 25 under 35 U.S.C. § 103               
          over Balliello in view of Geigy ‘438 or Geigy ‘464 is affirmed.             
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        



                         CHUNG K. PAK                  )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         TERRY J. OWENS                )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 










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