Appeal No. 2004-1862
Application No. 09/784,041 Page 9
therefrom so as to be reasonably guaranteed as attainable through
practicing the invention as broadly claimed.
Having reconsidered all of the evidence of record proffered
by the examiner and appellant, we have determined that the
evidence of obviousness, on balance, outweighs the evidence of
nonobviousness. Hence, we conclude that the claimed subject
matter as a whole would have been obvious to one of ordinary
skill in the art. Accordingly, we affirm the examiner’s § 103(a)
rejection of claim 2.
CONCLUSION
The decision of the examiner to reject claim 2 under
35 U.S.C. § 103(a) as being unpatentable over Muraoka in view of
Majumdar, Matsue and Carter is affirmed.
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