Appeal No. 1996-4030
Application 08/104,462
unquestionable demonstration. Our reviewing court requires
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).
In view of the foregoing, the decision of the
Examiner rejecting claims 1 through 4 under 35 U.S.C. § 103 is
affirmed; however, the decision of the Examiner rejecting
claim 13 under 35 U.S.C. § 103 is reversed.
No time period for taking any subsequent action in
con- nection with this appeal may be extended under 37 CFR §
1.136(a).
AFFIRMED-IN-PART
14
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007