Appeal No. 2005-0263
Application No. 10/314,766
being for use in a hotel (see Figure 1) and therefore appears to
have satisfied the need referred to by the appellant.
In light of the foregoing, it is our ultimate determination
that the reference evidence adduced by the examiner establishes a
prima facie case of obviousness which the appellant has failed to
successfully rebut with argument or evidence of nonobviousness.
See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). Accordingly, we hereby sustain the examiner’s
section 103 rejections of claims 1 and 4-9 as being unpatentable
over Hadley and of claims 1 and 4-11 as being unpatentable over
either Allen or Di Giovanna.
The decision of the examiner is affirmed.
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