Appeal No. 2003-0751 Page 5
Application No. 08/995,368
the claimed invention does not make the modification obvious
unless the desirability of such modification is suggested by the
applied prior art. See In re Fritch, 972 F.2d 1260, 1266, 23
USPQ2d 1780, 1784 (Fed. Cir. 1992). Accordingly, on this record,
the rejections fail for lack of a sufficient factual basis upon
which to reach a conclusion of obviousness. In re Fine, 837 F.2d
1071, 1073-74, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
CONCLUSION
On this record, the decision of the examiner to reject
claims 15-17 under 35 U.S.C. § 103(a) as being unpatentable over
Zhang and to reject claims 24 and 25 under 35 U.S.C. § 103(a) as
being unpatentable over Zhang in view of Ohtani is reversed.
REVERSED
CHUNG K. PAK )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHARLES F. WARREN ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
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