Appeal No. 94-3737
Application 07/796,932
synthesizing diamond. However, it is axiomatic that the Patent
and Trademark Office must accept the objective truth of
statements in a specification in the absence of compelling
evidence or scientific reasoning to the contrary. In re
Marzocchi, 439 F.2d 220, 224, 169 USPQ 367, 370 (CCPA 1971).
Such evidence or reasoning is lacking in the Examiner’s Answer.
In conclusion, based on the foregoing, the examiner’s
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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CAMERON WEIFFENBACH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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CHUNG K. PAK )
Administrative Patent Judge )
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