Appeal No. 2005-1598
Application 10/103,162
Accordingly, based on our consideration of the totality of the record before us, we have
weighed the evidence of obviousness found in Scherwitz in view of Ludder and as further
combined with Thota with appellants’ countervailing evidence of and argument for
nonobviousness and conclude that the claimed invention encompassed by appealed claims 37,
39, 41 through 67 and 69 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) (2005).
AFFIRMED
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