Appeal 2007-3299
Application 10/747,011
1 provide sufficient evidence of secondary considerations to rebut this finding.
2 We conclude that claims 14-19 and 23-27 are obvious over the prior art cited
3 by the Examiner. Anderson's-Black Rock v. Pavement Co., 396 U.S. 57, 61,
4 163 USPQ 673, 674 (1960) (combination of old elements that added nothing
5 to the nature and quality of the product was obvious).
6 Oral argument was scheduled for October 17, 2007 for this appeal. A
7 request for continued examination (RCE) was filed on October 16, 2007.
8 Prior to action being taken in response to the RCE, e.g., entry of a remand,
9 the panel had already decided the appeal on the merits. 37 C.F.R. §
10 41.35(c). Further, in rendering our decision we did not consider the
11 amendment and response filed with the RCE as they do not form a part of
12 the record for appeal.
13
14 CONCLUSION
15 Weatherford has failed to demonstrate that the Examiner erred in
16 rejecting claims 14-19 and 23-27 over the cited prior art references. We
17 AFFIRM the Examiner's final rejection of claims 14-19 and 23-27.
18 No time period for taking any subsequent action in connection with
19 this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
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