Appeal No. 2006-2209
Application No. 10/270,913
factual determinations, we presumed that they are in agreement
with the Examiner. Thus for the reasons presented above
regarding claims 1 and 11 and the reasons set forth by the
Examiner we uphold these rejections.
CONCLUSION
For the foregoing reasons and those set forth in the
answer, based on the totality of the record before us, having
evaluated the prima facie case of obviousness in view of
Appellants’ arguments, we conclude that the preponderance of
evidence weighs in favor of obviousness of the claimed subject
matter within the meaning of 35 U.S.C. § 103. See In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992).
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007