Appeal No. 2000-1085
Application No. 08/980,349
obvious, known advantages of employing Okuda’s tin
oxide doped with phosphorus outweigh the newly discovered
advantages. See In re Nolan, 553 F.2d 1261, 1267, 193 USPQ 641,
645 (CCPA 1977).
Thus, having considered all of the evidence of record, we
determine that the evidence of obviousness, on balance, outweighs
the evidence of nonobviousness. Hence, we determine that the
claimed subject matter as a whole would have been obvious to one
of ordinary skill in the art in view of the applied prior art
references. Accordingly, we affirm the examiner’s decision
rejecting all of the appealed claims under 35 U.S.C. § 103.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
CHUNG K. PAK )
Administrative Patent Judge )
)
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