Appeal No. 96-0215
Application 07/975,908
this 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).
Furthermore, we find that Tsujiuchi fails to supply this missing
teaching. 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 5
and 10 through 17 under 35 U.S.C. §§ 103 or 112. Accordingly,
the Examiner's decision is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
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)
) BOARD OF PATENT
MICHAEL R. FLEMING ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
JAMES T. CARMICHAEL )
Administrative Patent Judge )
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