Appeal No. 1999-1307
Application No. 08/442,035
Thus, the examiner has not provided those facts or evidence which would
reasonably support a conclusion that the claimed subject matter would have been prima
facie obvious within the meaning of 35 U.S.C. § 103. 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). Therefore, the rejection of
claims 1 -17 under 35 U.S.C. § 103 is reversed.
Summary
The rejection of claims 1 - 17 under 35 U.S.C. § 103 as unpatentable over the
teachings of Blatt is reversed.
REVERSED
)
DOUGLAS W. ROBINSON)
Administrative Patent Judge )
)
)
) BOARD OF PATENT
TONI R. SCHEINER )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
DEMETRA J. MILLS )
Administrative Patent Judge )
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