Ex Parte Ackerman et al - Page 23

                 Appeal 2006-2523                                                                                      
                 Application 10/206,496                                                                                

                 Therefore, this person would have used the prior art processes with the                               
                 metals specified in appealed claim 11.                                                                
                        Accordingly, based on our consideration of the totality of the record                          
                 before us, we have weighed the evidence of obviousness found in the                                   
                 combined knowledge of methods known in the prior art described in the                                 
                 Background of the Invention and the teachings of Adachi and Atarashi with                             
                 Appellants’ countervailing evidence of and argument for nonobviousness                                
                 and conclude that the claimed invention encompassed by appealed claims                                
                 11, 12, and 14 would have been obvious as a matter of law under 35 U.S.C.                             
                 § 103(a).                                                                                             
                        The Examiner’s decision 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)(1)(iv) (2005).                                 
                                                    AFFIRMED                                                           



                 sld                                                                                                   

                 Carmen Santa Maria                                                                                    
                 100 Pine Street                                                                                       
                 P.O. Box 1166                                                                                         
                 Harrisburg, PA  17108-1166                                                                            






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