Appeal No. 2005-1416 Page 10
Application No. 09/771,782
Based on our consideration of the totality of the record before us, having
evaluated the prima facie case of obviousness in view of Appellant’s arguments and
evidence, we conclude that the subject matter of claims 37 to 43 and 47 to 49 would
have been obvious to a person of ordinary skill in the art from the combined teachings
of the cited prior art. See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992).
CONCLUSION
For the foregoing reasons and those set forth in the Answer, we determine that
the preponderance of evidence weighs in favor of obviousness, giving due weight to
Appellant’s arguments and evidence. Accordingly, the Examiner's rejection under 35
U.S.C. § 103 is affirmed.
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