Appeal No. 95-0339
Application 07/881,941
motivated one of ordinary skill in the art to use Pujado’s
separation in combination with the teachings of Jackson and
Burgess such that appellant’s claimed apparatus and method are
produced. The examiner has not explained why one of ordinary
skill in the art would have had such a motivation.
For the above reasons, we conclude that the examiner has not
carried his burden of establishing a prima facie case of
obviousness of appellant’s claimed invention.
DECISION
The rejection of claims 1-15 under 35 U.S.C. § 103 as being
unpatentable over Jackson in view of Burgess and Pujado is
reversed.
REVERSED
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