Appeal No. 1999-0221
Application No. 08/766,847
Thus, it is our conclusion that, on balance, the evidence
and argument provided by the appellant fails to outweigh the
evidence of obviousness established by the prior art. This
being the case, we will sustain the examiner’s rejection of
representative claim 1. The rejection of the other claims
also is sustained, in that they fall therewith.
We have carefully considered all of the arguments and the
evidence presented by the appellant as it might apply to the
conclusions we have expressed above. However, they have not
convinced us that the rejections should not stand. Our
position with regard to each of them should be apparent from
the explanations we have provided.
SUMMARY
Both rejections are sustained.
The decision of the examiner is affirmed.
The rejections are denominated as falling within the
scope of 37 CFR § 1.196(b) new grounds of rejection (amended
effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg.
53,131, 53,197 (Oct. 10, 1997), 1203 Off. Gaz. Pat. &
Trademark Office 63, 122 (Oct. 21, 1997)). In this regard, 37
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