Appeal No. 2005-1629
Application No. 10/001,256
Based on the totality of the record, including due
consideration of appellants’ evidence and arguments, we determine
that the preponderance of evidence weighs most heavily in favor
of obviousness within the meaning of section 103(a). Therefore
we affirm the examiner’s rejections of the claims on appeal under
section 103(a) over JP ‘525 or Anton, each in view of Sano.
The decision of the examiner is affirmed.
evidence of obviousness, then the examiner is in error. See KAO Corp. v. Unilever U.S., Inc.,
slip opinion at page 3 (Fed. Cir. 3/21/06)(“If the evidence used to establish the prima facie case
were necessarily sufficient to overcome rebuttal of that case, rebuttal would be impossible. That
result is simply not logical.”). However, any such error is harmless since the evidence of
unexpected results has been considered adequately in the Answer.
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