Appeal No. 2005-1379
Application 09/734,601
Accordingly, based on our consideration of the totality of the record before us, we have
weighed the evidence of obviousness found in the combined teachings of Midgley and Gaines
with appellant’s countervailing evidence of and argument for nonobviousness and conclude that
the claimed invention encompassed by appealed claims 5 through 7 would have been obvious as
a matter of law under 35 U.S.C. § 103(a).
We find that appellant has also addressed the second ground of rejection of claim 8 based
on the combined teachings of Midgley, Gaines and Hun with the arguments with respect to the
teachings of Midgley and Gaines that we considered above (brief, page 5). Accordingly, on the
same basis, we conclude that the claimed invention encompassed by appealed claim 8 would
have been obvious as a matter of law under 35 U.S.C. § 103(a).
The examiner’s decision is affirmed.
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