Appeal No. 2001-0840
Application No. 08/896,882
Nor does the examiner provide any evidence to show that the phrases in question are contradictory.
Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444 (the examiner bears the initial burden of establishing
a prima facie case of unpatentability). Under these circumstances, we do not believe that it can
seriously be contended that the artisan would not understand the metes and bounds of what is being
claimed. Accordingly, we reverse this rejection as well.
In view of the foregoing, we reverse the examiner’s decision rejecting claims 1 through 24
under 35 U.S.C. § 112, first and second paragraphs.
REVERSED
CHUNG K. PAK )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JEFFREY T. SMITH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
BEVERLY A. PAWLIKOWSKI )
Administrative Patent Judge )
CKP:lp
BRINKS HOFER GILSON AND LIONE
P O BOX 10395
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