Appeal No. 2005-1581 7
Application No. 09/681,692
why the results achieved in the specification would have been unexpected by one of
ordinary skill in the art, see In re Freeman, 474 F.2d 1318, 1324, 177 USPQ 139, 143
(CCPA 1973); In re Klosak, 455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972).
Based on our consideration of the totality of the record before us, having
evaluated the prima facie case of obviousness in view of Appellants' arguments and
evidence, we conclude that the subject matter of claims 1-36 would have been obvious
to a person of ordinary skill in the art from the teachings of the McGrew and Yatka
references. 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, based on the totality
of the record, we determine that the preponderance of evidence weighs in
favor of obviousness, giving due weight to Appellants= arguments and evidence.
Accordingly, the Examiner's rejection under 35 U.S.C. ' 103 is affirmed.
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