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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