Appeal No. 95-1473
Application No. 07/997,279
expectation that ammonium chloride would successfully achieve the
results taught by Vodoklys in the relatively mild environment of
a lehring step. In re O’Farrell, 853 F.2d 894, 904, 7 USPQ2d
1673, 1681 (Fed. Cir 1988) (for obviousness under § 103, a
reasonable expectation of success is required).
In light of the foregoing, we cannot sustain the examiner’s
§ 103 rejection of claim 7 as being unpatentable over the
Admitted Prior Art or Westinghouse in view of Ropp and Vodoklys.
The decision of the examiner is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge)
)
)
)
BRADLEY R. GARRIS ) BOARD OF PATENT
Administrative Patent Judge) APPEALS AND
) INTERFERENCES
)
)
TERRY J. OWENS )
Administrative Patent Judge)
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