Appeal 2007-0274
Application 10/011,629
conclusion. Leapfrog Enterprises v. Fisher-Price, 485 F.3d 1157, 1162,
82 USPQ2d 1687, 1692 (Fed. Cir. 2007); Pfizer v. Apotex, Inc., 480 F.3d
1348, 1372, 82 USPQ2d 1321, 1338 (Fed. Cir. 2007); Newell Cos. v. Kenney
Mfg. Co., 864 F.2d 757, 768, 9 USPQ2d 1417, 1439 (Fed. Cir. 1988).
For these reasons, the nonobviousness evidence of record, even when
viewed in its most generous light, falls far short of outweighing the
Examiner's reference evidence of obviousness.
CONCLUSION OF LAW
It is our ultimate conclusion that the record evidence as a whole
weighs most heavily in favor of an obviousness conclusion. We hereby
sustain, therefore, each of the § 103 rejections on appeal.
ORDER
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)(iv)(effective Sept.
13, 2004).
AFFIRMED
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