Appeal No. 2003-1754
Application No. 09/821,137 Page 21
Concerning the litigation with respect to the patent issued
from the grand parent application, we do not find that the mere
existence or the filing of a civil action represents persuasive
evidence of copying as asserted by appellants (reply brief, page
8).
In view of the foregoing and for reasons as set forth in the
answer, we are satisfied that when all the evidence and arguments
before us are considered, the evidence of nonobviousness fails to
outweigh the evidence of obviousness. Accordingly, we will
sustain the examiner’s rejection.
CONCLUSION
The decision of the examiner to reject claims 45-54 under
35 U.S.C. § 103(a) as being unpatentable over Kaiser in view of
Shideler is affirmed.
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