Appeal No. 2004-1240
Application No. 09/742,691
overcomes the prima facie case. In re Lindell, 385 F.
2d 453, 455, 155 USPQ 521, 524 (CCPA 1967.
In the instant case, as stated, supra, the prima
facie case is supported soundly by the art of record.
On the other hand, appellant has not provided
convincing “commercial success” or “copying” evidence,
as discussed above. Some of the Declarations touch
upon the “long-felt need” consideration with some
merit (Tanas, Benbassette Declarations). However, the
rebuttal evidence as a whole does not outweigh the
thrust of the prima facie case of obviousness. We
therefore determine that the rebuttal evidence does
not overcome the prima face case of obviousness.
23
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: November 3, 2007