Appeal No. 2006-1115
Application No. 10/397,748
Id. In conclusion, the reference evidence adduced by the
examiner establishes a prima facie case of unpatentability for
the reasons detailed in the answer, and the appellants have
failed to successfully overcome this prima facie case with
argument or evidence for the reasons set forth above. At best,
the argument is erroneous and the evidence is nonprobative. At
worst, this argument and evidence are simply not relevant to the
patentability issue presented by the utility claims on appeal.
We hereby sustain, therefore, each of the Section 102 and Section
103 rejections advanced by the examiner on this appeal.
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