Ex Parte Davlin et al - Page 10



          Appeal No. 2005-0874                                                        
          Application No. 10/320,073                                                  

          Col. 5, ll. 22-25.  Accordingly, positioning the heat regulating            
          flange close to the motor would have allowed the flange to more             
          easily accomplish its intended function.                                    
               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 23, and claims 19-20 which stand or fall with            
          claim 23, under 35 U.S.C. § 103(a) over Sugimoto in view of                 
          Kimura.                                                                     
               C.  The Remaining Rejections                                           
               Since appellants do not present any arguments other than               
          with respect to claims 22 and 23 (see the Brief and Reply Brief             
          in their entirety), we adopt the examiner’s findings of fact and            
          conclusions of law with regard to the remaining rejections                  
          included in this appeal.                                                    
               D.  Summary                                                            
               All of the rejections on appeal have been affirmed.                    
          Accordingly, the decision of the examiner is affirmed.                      
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