Appeal No. 2004-0109
Application 09/324,549
Accordingly, based on our consideration of the totality of the record before us, we have
weighed the evidence of obviousness found in each of Rioja ‘792 and ‘859 with appellants’
countervailing evidence of and argument for nonobviousness and conclude that the claimed
invention encompassed by appealed claims 19, 21 through 35, 37 and 40 through 44 would
have been obvious as a matter of law under 35 U.S.C. § 103(a).
The examiner’s decision is affirmed.
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR § 1.136(a).
AFFIRMED
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