Appeal No. 2004-1692
Application No. 09/871,863
All other claims stand or fall with the independent claims.
Accordingly, we affirm the examiner’s rejection of the claims on
appeal under 35 U.S.C. § 102(b) over Heilmann.
Since anticipation has long been held to be the ultimate or
epitome of obviousness, we also affirm the examiner’s rejection of
the claims on appeal under 35 U.S.C. § 103(a) over Heilmann. See
In re Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982).
The decision of the examiner is affirmed.
7
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007