Appeal No. 1997-3886
Application No. 08/232,460
The examiner should also note the inconsistency in the
scope of independent claim 74 and dependent claim 75 by use of
the transitional terms “consisting essentially of” and
“comprising,” respectively. See 35 U.S.C. § 112, second and
fourth paragraphs.
E. Conclusions
For the foregoing reasons, we determine that the examiner
has presented a prima facie case of obviousness in view of the
reference evidence. Based on the totality of the record,
including appellant’s arguments and evidence, we determine
that the preponderance of evidence weighs in favor of
obviousness within the meaning of 35 U.S.C. § 103.
Accordingly, the rejections of the examiner are affirmed.
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