Ex parte LILJA et al. - Page 6




          Appeal No. 95-0635                                                          
          Application 07/768,255                                                      


          Banauch, Draeger, Tanaka and Lilja (Answer, pages 6 through 11).            
          In our judgment, however, the examiner does not adequately                  
          explain how the cited prior art would have led a person having              
          ordinary skill from "here to there," i.e., from the disclosures             
          of the cited references to appellants' claimed method containing            
          the limitations outlined above.  Ex parte Tanksley, 37 USPQ2d               
          1382, 1386 (Bd. Pat. App. & Int. 1994).  We therefore reverse the           
          rejection of claims 1, 3, 4, 7 and 12 under 35 U.S.C. § 103 as              
          unpatentable over Pierre, Banauch, Draeger or Tanaka, either of             
          those references considered alone or further considered in view             
          of Lilja.                                                                   
               The examiner's prior art rejections are reversed.                      
                                      REVERSED                                        


                         SHERMAN D. WINTERS            )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         JOHN D. SMITH                 ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         TEDDY S. GRON                 )                              
                         Administrative Patent Judge   )                              

          Joseph C. Sullivan                                                          
          Kane, Dalsimer, Sullivan, Kurucz, Levy                                      
          Eisele and Richard                                                          
                                         -6-                                          




Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007