Appeal No. 2001-2449
Application No. 08/637,802
concentrations of germanium,” thus concluding that the product of
Rateau would have such an increased cost that it would negate any
real commercial value of the alloy (Declaration, page 5, second
full paragraph). See the Answer, page 7.
For the foregoing reasons and those stated in the Answer,
based on the totality of the record, we determine that the
preponderance of evidence weighs most heavily in favor of
obviousness within the meaning of section 103(a). Accordingly, we
affirm the examiner’s rejection of the claims on appeal under
35 U.S.C. § 103(a) over Bernhard in view of Rateau.
The decision of the examiner is affirmed.
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