Appeal No. 2004-1032 Page 9
Application No. 09/835,510
demonstrates results that are truly unexpected and commensurate
in scope with the claims. Nor have appellants satisfied their
burden of explaining how the results reported for those limited
examples presented can be extrapolated therefrom so as to be
reasonably guaranteed as attainable through practicing the
invention as broadly claimed.
Having reconsidered all of the evidence of record proffered
by the examiner and appellants, we have determined that the
evidence of obviousness, on balance, outweighs the evidence of
nonobviousness. Hence, we conclude that the claimed subject
matter as a whole would have been obvious to one of ordinary
skill in the art. Accordingly, we affirm the examiner’s § 103(a)
rejection.
CONCLUSION
The decision of the examiner to reject claims 1-6, 12 and 13
under 35 U.S.C. § 103(a) as being unpatentable over AbuJudom in
view of Melton and Johnson is affirmed.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007