Appeal No. 95-3156
Application No. 07/898,348
DISCUSSION
On consideration of the record, we find that the
examiner's obviousness rejections are predicated on case law
enunciated in In re Durden, 763 F.2d 1406, 226 USPQ 359 (Fed.
Cir. 1985) and in In re Albertson, 332 F.2d 379, 141 USPQ 730
(CCPA 1964). The rationale of those cases, however, has been
overtaken by events. See In re Ochiai, 71 F.3d 1565, 37
USPQ2d 1127, 1132-33 (Fed. Cir. 1995); and In re Brouwer, 77
F.3d 422, 425-26, 37 USPQ2d 1663, 1666 (Fed. Cir. 1995). We
reverse the examiner's rejections based on Ochiai and Brouwer.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
)
)
WILLIAM F. SMITH ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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)
)
FRED E. McKELVEY )
Senior, Administrative Patent Judge )
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