Appeal No. 2004-2118 Page 14
Application 09/329,502
Under the circumstances recounted above, it is our
determination that the evidence of record for and against a
conclusion of obviousness, reconsidered in light of the
respective arguments and evidence advanced by appellants and the
examiner, on balance, weighs most heavily in favor of an
obviousness conclusion with respect to the rejections under
consideration. Accordingly, we shall sustain the examiner's
rejections.
CONCLUSION
The decision of the examiner to reject claims 1-6, 8 and 9
under 35 U.S.C. § 103(a) as being unpatentable over West with or
without admitted prior art as disclosed by appellants in their
specification; and to reject claims 10-13 and 18-20 under 35
U.S.C. § 103(a) as being unpatentable over West in view of
admitted prior art as disclosed by appellants in their
specification and Butler is affirmed.
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