Appeal No. 2005-1104
Application No. 09/795,211
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 and evidence, we determine that the preponderance of
evidence weighs most heavily in favor of obviousness within the
meaning of section 103(a). Accordingly, we affirm the examiner’s
rejection of claims 11 and 17 under section 103(a) over B-F ‘562 in
view of Markussen.
C. Summary
The rejection of claims 1-10 and 12-16 under 35 U.S.C. §
103(a) over B-F ‘562 is affirmed. The rejection of claims 11 and
17 under 35 U.S.C. § 103(a) over B-F ‘562 in view of Markussen is
affirmed.
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