Appeal No. 96-2339
Application 08/299,391
appellants provide evidence that the extraction method recited
in their claims does not produce the same result as Kruse’s
method. The examiner provides no evidence or technical
reasoning to the contrary.
For the above reasons, we find that the examiner has not
set forth a factual basis which is sufficient to support a
conclusion of obviousness of the method recited in any of
appellants’ claims. We therefore do not sustain the
examiner’s rejection.
DECISION
The rejection of claims 11-17 under 35 U.S.C. § 103 over
Kruse is reversed.
REVERSED
MARY F. DOWNEY )
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