Appeal No. 2004-1602
Application No. 09/954,766
claimed invention. See In re Huang, supra. Finally, we note that
these sales figures were only shown for one month in each of two
years.
For the foregoing reasons and those stated 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 appellants’ arguments
and evidence, we determine that the preponderance of evidence
weighs most heavily in favor of obviousness within the meaning of
section 103(a). Accordingly, we affirm both rejections on appeal
based on section 103(a).
C. Summary
The rejection of claims 1-3, 6 and 10 under 35 U.S.C. § 102(b)
over Rodriguez is affirmed. The rejection of claims 4-5 under
35 U.S.C. § 103(a) over Rodriguez in view of Orii is affirmed. The
rejection of claims 7-9 and 11-12 under 35 U.S.C. § 103(a) over
Rodriguez is affirmed.
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