Ex Parte Sung et al - Page 15


               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  Next 

Last modified: November 3, 2007