Appeal 2006-2686
Application 09/994,495
have been prima facie obvious to one of ordinary skill in this art to prevent
cross-contamination before or after processing of the samples.
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 Appellants’ arguments, we determine
that the preponderance of evidence weighs most heavily in favor of
obviousness within the meaning of § 103(a). Therefore we affirm all
rejections on appeal based on § 103(a).
C. Summary
We have affirmed all rejections on appeal. Therefore the decision of
the Examiner 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)(2006).
AFFIRMED
tf/hh
KILYK & BOWERSOX, P.L.L.C.
3603 CHAIN BRIDGE ROAD
SUITE E
FAIRFAX, VA 22030
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