Appeal No. 2003-1991 9
Application No. 09/412,258
not inure to the benefit of the intermediate of the claimed subject matter.
Based upon the above reasons, 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).
In light of the above dispositive issue, no further discussion of claim 30 is needed in
affirming the decision of the examiner.
DECISION
The rejection of claims 3 and 30 under 35 U.S.C. §103(a) as being unpatentable
over Benneville is affirmed.
The decision of the examiner is affirmed.
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