Ex Parte HAGER et al - Page 7




             Appeal No. 2001-1265                                                                                    
             Application No. 08/612,074                                                                              
             obviousness rejection, "patentability is determined on the totality of the record, by a                 
             preponderance of evidence with due consideration to persuasiveness of the argument."                    
             In re Oetiker,  977 F.2d 1443, 1445,  24 USPQ2d 1443, 1444 (Fed. Cir. 1992);  see In                    
             re Piasecki,  745 F.2d 1468, 1471-72,  223 USPQ 785, 787 (Fed. Cir. 1984) ("All                         
             evidence on the question of obviousness must be considered, both that supporting and                    
             that rebutting the prima facie case.").   On balance, we believe that the totality of the               
             evidence presented by the examiner and appellants weighs in favor of finding the                        
             claimed invention non-obvious over Weder 1, Weder 2 and/or Lichtenberg, by                              
             themselves or in combination.  These rejections are reversed.                                           
                                                  CONCLUSION                                                         
                    The rejections of claims 25-36 under 35 U.S.C. ' 103(a) as obvious over Weder                    
             1, Weder 2 and/or Lichtenberg, by themselves or in combination, are reversed.                           

















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