Appeal No. 2004-1053
Application No. 09/772,409
would have been well within the ordinary skill in this art, as
taught by Hamerski.
For the foregoing reasons and those set forth in the Answer,
we determine that the examiner has established a prima facie case
of obviousness based on the reference evidence. Based on the
totality of the record, including due consideration of appellant’s
arguments, we determine that the preponderance of evidence weighs
most heavily in favor of obviousness within the meaning of section
103(a). Accordingly, the examiner’s rejection under section 103(a)
over Hatton in view of Hamerski is affirmed.
C. Conclusion
The decision of the examiner is affirmed.
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