Appeal No. 2006-0609
Application No. 10/036,862
The fresh wet and dry products recited in claims 2 through
4 encompass a myriad of wiping materials having compositions,
structures and moisture contents patentably and materially
different from those of KIMWIPES® EX-L-Wipers. The appellants
have not provided any objective evidence to show that the
multifarious wet and dry products encompassed by claims 2 through
4 would behave in the same manner as the KIMWIPES® EX-L-Wipers.
Thus, based on the totality of record, including due
consideration of the appellants’ arguments and evidence, we
determine that the preponderance of evidence weighs most heavily
in favor of obviousness within the meaning of 35 U.S.C. § 103.
Hence, we concur with the examiner that Marino would have also
rendered the subject matter defined by claims 1 through 11
obvious within the meaning of 35 U.S.C. § 103.
11
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