Appeal 2006-2160
Application 09/896,439
which is meta- substituted (Example 8; see col. 9, ll. 7-8). Although Hirsch
is directed to semicarbonizing materials, we note that the Examiner has
merely cited this reference as evidence that NOMEX is known in the art as a
heat-resistant material (Answer 10).
For the foregoing reasons and those stated in the Answer, we
determine that the Examiner has established a prima facie case of
obviousness in view of the reference evidence. Based on the totality of the
record, including due consideration of appellant’s arguments, we determine
that the preponderance of the evidence weighs most heavily in favor of
obviousness within the meaning of § 103(a). Therefore, we AFFIRM both
rejections on appeal based on the APA, Binning, Lambdin, and Hirsch.
C. Summary
All rejections on appeal have been AFFIRMED.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 CFR § 1.136(a)(1)(iv)(2004).
AFFIRMED
TAW/tf
TraskBritt, P.C.
P.O. Box 2550
Salt Lake City, UT 84110
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