Appeal No. 95-4010
Application 08/082,338
evidence in order to establish a prima facie case. In re
Knapp-Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA
1961); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72
(CCPA 1966). Therefore, we find that the Examiner has failed
to establish why one having ordinary skill in the art would
have been led to the claimed invention by teachings or
suggestions found in the prior art.
We have not sustained the rejection of claims 2
through 18 under 35 U.S.C. § 103. Accordingly, the Examiner's
decision is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
) BOARD OF
PATENT
JERRY SMITH ) APPEALS AND
Administrative Patent Judge )
INTERFERENCES
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