Appeal No. 1998-1369
Application No. 08/622,620
variable depending on the properties desired. See In re
Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980).
For the foregoing reasons and those set forth in the
Answer, 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, giving due consideration
to appellants’ arguments as discussed above, we determine that
the preponderance of evidence weighs most heavily in favor of
obviousness within the meaning of section 103. Accordingly,
the examiner’s rejections of claims 1-46 and 50-52 under 35
U.S.C. § 103 as unpatentable over Eby, Hill or Michaelis are
affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
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