Appeal No. 2005-2393
Application No. 10/228,392
Thus, for the factual findings set forth in the Answer and
above, we determine that the examiner has established a prima
facie case of obviousness regarding the claimed subject matter
which is not sufficiently rebutted by the appellants. Hence, we
determine that the preponderance of evidence weighs most heavily
in favor of obviousness within the meaning of Section 103(a).4
Accordingly, we affirm the examiner’s decision rejecting claims
1, 4, 6, 7, 10, 13, 15, 16, 19 and 20 under 35 U.S.C. § 103.
CONCLUSION
In view of the foregoing, the decision of the examiner is
affirmed.
4 We need not discuss the contents of Murtland and Penley
since they are, at best, cumulative to the teachings of Dillard,
Whitaker, Pompa and Bayliss.
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