Appeal No. 1998-0129 Page 29
Application No. 08/438,062
Upon reevaluating anew the evidence of obviousness
presented by the examiner along with the evidence of
nonobviousness relied upon by appellants, we conclude that the
evidence of obviousness substantially outweighs the evidence
of nonobviousness for the reasons outlined above.
Accordingly, the rejection of claims 25-27 under 35 U.S.C. §
103 as unpatentable over Miller in view of each of Koyama or
McMillan is affirmed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1, 2, 4-7 and 25-27 under 35 U.S.C. § 103 as obvious
over Miller in view of McMillan is affirmed. The decision of
the examiner to reject claims 1, 2, 5-7 and 25-27 under 35
U.S.C. § 103 over Miller in view of Koyama is affirmed. The
decision of the examiner to reject claim 4 under 35 U.S.C. §
103 over Miller
in view of Koyama is reversed.
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