Appeal 2006-2603
Application 10/270,486
Indeed, not only was the problem known in the art, but Galwey is evidence
that its solution was known as well.
As a final point, we note that Appellants base no argument upon
objective evidence of nonobviousness, such as unexpected results, which
would serve to rebut the prima facie case of obviousness established by the
Examiner.
In conclusion, based on the foregoing, the Examiner's decision
rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(effective Sept.
13, 2004).
AFFIRMED
cam
Connolly, Bove, Lodge & Hutz, LLP
For IBM Yorktown Cases
P. O. box 2207
Wilmington, DE 19899-2207
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