Appeal No. 2005-0146
Application No. 10/274,635
(Answer, page 4). Appellants merely argue that Englert fails to
cure the deficiencies of Miller (Brief, page 5). Accordingly, we
adopt our remarks from above, as well as the findings from the
Answer.
For the foregoing reasons, we determine that the examiner
has established a prima facie case of obviousness in view of the
reference evidence. Based on the totality of the record, including
due consideration of appellants’ arguments, we determine that the
preponderance of evidence weighs in favor of obviousness within the
meaning of section 103(a). Therefore we affirm both rejections on
appeal based on section 103(a).
C. Summary
We affirm the rejection of claims 21, 25 and 28 under
35 U.S.C. § 102(b) over Miller.
We affirm the rejection of claims 22-24 and 29-31 under
35 U.S.C. § 103(a) over Miller in view of Long. We affirm the
rejection of claim 26 under 35 U.S.C. § 103(a) over Miller in view
of Englert.
The decision of the examiner is affirmed.
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007