Appeal No. 2004-1477
Application No. 09/507,183
established a prima facie case of obviousness which the
appellants have failed to successfully rebut with argument or
evidence of nonobviousness. See In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). Accordingly, we
hereby sustain the examiner’s section 103 rejection of claim 30
as being unpatentable over Boesch in view of Potter and further
in view of Downing.
The decision of the examiner 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
Bradley R. Garris )
Administrative Patent Judge )
)
)
)
Terry J. Owens ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Joseph F. Ruggiero )
Administrative Patent Judge )
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