Appeal No. 1998-0575
Application No. 08/190,569
In the absence of sufficient factual evidence or scientific rationale on the part of
the Examiner to establish why and how a skilled artisan would have arrived at the subject
matter of claim 9, we find that the Examiner has failed to meet the initial burden of
establishing the prima facie obviousness of the claimed subject matter. Accordingly, we
are constrained to reverse the Examiner*s rejection of claims 9 and 10.
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