Ex Parte Schneider et al - Page 5



              Appeal 2007-1223                                                                                                
              Application 10/007,149                                                                                          

                      We note that Appellants have not relied upon evidence of unexpected results                             
              to rebut the Examiner’s obviousness determination.                                                              
                                                     CONCLUSION                                                               
                      Based on our consideration of the totality of the record before us, having                              
              evaluated the prima facie case of obviousness in view of Appellants’ arguments,                                 
              we conclude that the subject matter of claims 1, 6, 10-12, 15-17, 19-24, 26-45, and                             
              50-63 would have been obvious to a person of ordinary skill in the art from the                                 
              combined teachings of the cited prior art.  See In re Oetiker, 977 F.2d 1443, 1445,                             
              24 USPQ2d 1443, 1444 (Fed. Cir. 1992).  Accordingly, the Examiner's rejections                                  
              under 35 U.S.C. § 103 are affirmed.                                                                             
                                            TIME FOR TAKING ACTION                                                            
                      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).                                                          
                                                       AFFIRMED                                                               


              clj                                                                                                             
              PPG Industries, Inc.                                                                                            
              Intellectual Property Department                                                                                
              One PPG Place                                                                                                   
              Pittsburgh, PA  15272                                                                                           




                                                          5                                                                   



Page:  Previous  1  2  3  4  5

Last modified: September 9, 2013