Appeal No. 2004-2293 Page 5
Application No. 09/876,778
establish non-obviousness through unexpected results or other evidence of secondary
considerations. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir.
1990); In re Ranier, 377 F.2d 1006, 1010, 153 USPQ 802, 805 (CCPA); In re Bourden, 240 F.2d
358, 361, 112 USPQ 323, 325 (CCPA 1957); In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235
(CCPA 1955).
As a final point, we note that Appellants base no arguments upon objective evidence of
non-obviousness such as unexpected results. We conclude that the Examiner has established a
prima facie case of obviousness with respect to the subject matter of claims 1-7 which has not
been sufficiently rebutted by Appellants.
CONCLUSION
To summarize, the decision of the Examiner to reject claims 1-7 under 35 U.S.C. § 103(a)
is affirmed.
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