Appeal No. 2005-0708
Application No. 09/968,967
For the foregoing reasons and those stated in the Answer, 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 most heavily in favor of obviousness within the
meaning of section 103(a). Therefore we affirm the examiner’s
rejection of claim 29, and claims 34-36 which stand or fall with
claim 29, under 35 U.S.C. § 103(a) over Medelnick in view of
Simon.
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