Appeal No. 2000-2149 13
Application No. 08/859,901
Based upon the above reasons, and those set forth in the answer, we have
determined that the examiner has established a prima facie case of obviousness. Upon
reconsideration of all the evidence and arguments submitted by appellants, we have
determined from the totality of the record that the preponderance of the evidence weighs in
favor of obviousness within the meaning of 35 U.S.C. § 103. See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
DECISION
The rejection of claims 1, 3, 8 through 10, 20, 29 and 33 through 34 under
35 U.S.C. § 103(a) as being unpatentable over Shimizu or Imagawa is affirmed.
The rejection of claim 32 under 35 U.S.C. § 103(a) as being unpatentable over
Shimizu or Imagawa is reversed.
The decision of the examiner is affirmed-in-part.
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