Appeal No. 1998-1667
Application No. 08/224,211
basic overall polishing solutions. The examiner has not
presented any convincing evidence and/or reasoning to show
that one of ordinary skill in the art would have used an
overall acidic polishing solution.
For the foregoing reasons, we determine that the examiner
has not met the initial burden of establishing a prima facie
case of obviousness. See In re Oetiker, 977 F.2d 1443, 1445,
24 USPQ2d 1443, 1444 (Fed. Cir. 1992). Accordingly, we cannot
sustain the examiner’s rejection of claims 1-3 under 35 U.S.C.
§ 103 as unpatentable over Sandhu and Maniar.
The decision of the examiner is reversed.
REVERSED
Bradley R. Garris )
Administrative Patent Judge )
)
)
)
Thomas A. Waltz ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Romulo H. Delmendo )
Administrative Patent Judge )
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007