Appeal 2007-3673
Application 10/365,189
(Fed.Cir.1984)). The question here, we emphasize, is a question of evidence
and the burden is on the Appellants to show unexpected results. In re
Johnson, 747 F.2d 1456, 1460, 223 USPQ 1260, 1263 (Fed. Cir. 1984). In
our view, Appellants have not shouldered their burden.
In conclusion, based on the foregoing and the reasons well stated by
the Examiner, the Examiner’s decision rejecting the appealed claims 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).
AFFIRMED
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