Appeal No. 1999-0413
Application No. 08/294,819
invention. Therefore, in our opinion, the examiner has failed to provide the evidence
necessary to support a prima facie case of obviousness.
Where the examiner fails to establish a prima facie case, the rejection is
improper and will be overturned. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596,
1598 (Fed. Cir. 1988). Accordingly, we reverse the rejection of claims 1-3 and 44
under 35 U.S.C. § 103 over Maggion in view of Mantyh.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
DOUGLAS W. ROBINSON )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
DONALD E. ADAMS )
Administrative Patent Judge )
7
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007