Appeal No. 2005-0235 9
Application No. 09/969,291
Under the circumstances recounted above, we determine that the evidence of
obviousness, on balance, outweighs the evidence of nonobviousness proffered by the
appellant. Hence, we concur with the examiner that the claimed subject matter as a whole
would have been obvious to one of ordinary skill in the art within the meaning of 35 U.S.C.
§ 103. Accordingly, we affirm the examiner’s decision rejecting claims 1 through 11 under
35 U.S.C. § 103.
In view of the foregoing, the decision of the examiner is affirmed.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
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