Appeal No. 96-1842
Application 08/193,356
Claims 1-11 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness the examiner offers either Kinata or
Berry taken alone.
Rather than repeat the arguments of appellant or the
examiner, we make reference to the briefs and the answers for
the respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejections advanced by the examiner and the
evidence of obviousness relied upon by the examiner as support
for the rejections. We have, likewise, reviewed and taken
into consideration, in reaching our decision, the appellant’s
arguments set forth in the briefs along with the examiner’s
rationale in support of the rejections and arguments in
rebuttal set forth in the examiner’s answers.
It is our view, after consideration of the record
before us, that the evidence relied upon and the level of
skill in the particular art would not have suggested to one of
ordinary skill in the art the obviousness of the invention as
set forth in claims 1-11. Accordingly, we reverse.
In rejecting claims under 35 U.S.C. § 103, it is
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