Appeal No. 2001-0856
Application 09/143,947
Accordingly, based on our consideration of the totality of the record before us, we have
weighed the evidence of obviousness found in Spek with appellants’ countervailing evidence of
and argument for nonobviousness and conclude that the claimed invention encompassed by
appealed claims 1 through 5 and 8 through 15 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 )
)
)
)
PETER F. KRATZ ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JAMES T.MOORE )
Administrative Patent Judge )
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