Appeal No. 2004-1067
Application No. 09/773,292
Under the circumstances set forth above and in the answer,
it is our ultimate determination that the examiner has
established a prima facie case of obviousness which the
appellants have failed to successfully rebut with argument and/or
evidence of nonobviousness. See In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). We shall sustain,
therefore, the examiner’s Section 103 rejection of claims 25-28
as being unpatentable over Luttringer.
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