Appeal 2007-0554 Reexamination Nos. 90/006,118 & 90/006,254 Patent 6,196,681 B1 epitome of obviousness for anticipation by the prior art, Appellant’s showing of commercial success and/or declaration of unobviousness with respect to the Claim 1 subject matter cannot establish the patentability of the Claim 1 subject matter. We find that the unitary structure defined by Appellant’s Claim 1 reasonably appears not to be novel. Conclusion Having considered all the evidence of record for and against the patentability of Claims 1-8 of Reexamination Control Nos. 90/006,118 and 90/6,254 under 35 U.S.C. § 103, we affirm the appealed final rejections. Accordingly, it is ORDERED that the examiner’s final rejections of Claims 1-8 of Reexamination Control Nos. 90/006,118 and 90006,254 under 35 U.S.C. § 103 are affirmed; and FURTHER ORDERED that the time for taking further action in this appeal cannot be extended under 37 CFR § 1.136(a) (2006). AFFIRMED hlj 16Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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