Appeal No. 2005-1574 Application 09/753,428 Accordingly, based on our consideration of the totality of the record before us, we have weighed the evidence of obviousness found in Cope with appellants’ countervailing evidence of and argument for nonobviousness and conclude that the claimed invention encompassed by appealed claims 21 through 24 would have been obvious as a matter of law under 35 U.S.C. § 103(a). The examiner’s decision is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a)(1)(iv) (September 2004). AFFIRMED - 15 -Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007