Appeal No. 96-1100
Application 07/836,032
established when the teachings of the prior art itself would
appear to have suggested the claimed subject matter to one of
ordinary
skill in the art (see In re Bell, 991 F.2d 781, 783, 26 USPQ2d
1529, 1531 (Fed. Cir. 1993)). Neither of the rejections meet
this test and therefore they cannot be sustained (see In re Fine,
837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988)).
The decision of the examiner is reversed.
REVERSED
)
JAMES M. MEISTER )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
NEAL E. ABRAMS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JOHN P. McQUADE )
Administrative Patent Judge )
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