Appeal No.2001-1715
Application No. 08/730,892
apply to agents capable of initiating the blood coagulation. The mere fact that the prior art
could be modified as proposed by the Examiner is not sufficient to establish a prima facie
case of obviousness. See In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1783 (Fed.
Cir. 1992).
Since we reverse for the lack of the presentation of a prima facie case of obviousness
by the Examiner, we need not reach the issue of the sufficiency of the evidence as allegedly
demonstrating unexpected results. See In re Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276,
1278 (Fed. Cir. 1987).
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