Ex parte GAUBE et al. - Page 6

              Appeal No. 1998-0548                                                                                        
              Application No. 08/498,845                                                                                  


                     For the reasons set forth above and in the answers, it is our ultimate determination                 
              that the evidence before us, on balance, weighs most heavily in favor of an obviousness                     
              conclusion.  We shall sustain, therefore, the examiner's § 103 rejection of the appeal                      
              claims as being unpatentable over Mitsui in view of Don or Don in view of Mitsui.                           
                     The decision of the examiner 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                                                            


                                                                                                                         

                            BRADLEY R. GARRIS           )                                                                 
                            Administrative Patent Judge  )                                                                
                                                         )                                                                
                                                         )                                                                
                                                         )   BOARD OF PATENT                                              
                            CHARLES F. WARREN       )     APPEALS AND                                                     
                            Administrative Patent Judge  )    INTERFERENCES                                               
                                                         )                                                                
                                                         )                                                                
                                                         )                                                                
                            CATHERINE TIMM                )                                                               
                            Administrative Patent Judge  )                                                                
              vsh                                                                                                         




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