Appeal 2006-0959
Application 10/075,914
over and above what we have already discussed, we conclude that the
Examiner has established a prima facie case of unpatentability with respect
to the subject matter of claims 2 and 11 that has not been contested by
Appellant.
CONCLUSION
Based upon a review of the totality of the evidence of record with due
consideration of the arguments advanced by the Appellant, we conclude that
a preponderance of the evidence supports a finding of anticipation within the
meaning of 35 U.S.C. § 102 (b) and a conclusion of obviousness within the
meaning of 35 U.S.C. § 103(a). We therefore affirm the Examiner’s
rejections.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED
TF
MAYER, FORTKORT & WILLIAMS, PC
251 NORTH AVENUE WEST
2ND FLOOR
WESTFIELD, NJ 07090
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