Appeal No. 1999-2506
Application No. 08/545,254
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 argument 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). Accordingly, the decision of the examiner is sustained.
A discussion of the references to Matsumoto and Brekner are not necessary in reaching
our determination of obviousness.
OTHER MATTERS
In the event of further prosecution, the examiner should consider entering a rejection
on the ground of anticipation over Palackal as it discloses each of the elements required by the
claimed subject matter including the requisite polymerization temperature.
DECISION
The rejection of claims 7, 9, 10, 13, 15 through 24, 26 through 28, 31through 38,
40 and 41under 35 U.S.C. § 103(a) as being unpatentable over Hasegawa in view of
Palackal, Matsumoto and Brekner is affirmed.
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