Appeal No. 1998-3209
Application 08/338,284
Accordingly, based on our consideration of the totality of the record before us, we have
weighed the evidence of obviousness found in Cohen with appellants’ countervailing evidence
of and argument for nonobviousness and conclude that the claimed invention encompassed by
appealed claims 1, 2 and 8 would have been obvious as a matter of law under 35 U.S.C.
§ 103(a).
The examiner’s decision 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
CHARLES F. WARREN )
Administrative Patent Judge )
)
)
)
PAUL LIEBERMAN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
PETER F. KRATZ )
Administrative Patent Judge )
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