Appeal No. 95-3042
Application No. 08/098,501
we are unconvinced of any teaching or suggestion anywhere in the
applied references that would have led the artisan to store "pre-
existing" values in Balzer (or in Padawer).
Accordingly, for the "pre-existing values" claim
limitation, alone, we hold that the examiner has failed to establish
a prima facie case of obviousness with regard to the claimed subject
matter. We do not contend that there are no other reasons for
holding that no prima facie case has been established. We simply see
no reason to go any further when it is clear to us that the "pre-
existing values" limitation distinguishes over the combination of
references applied by the examiner.
The decision of the examiner rejecting claims 1 through 22
under 35 U.S.C. § 103 is reversed.
REVERSED
James D. Thomas )
Administrative Patent Judge )
)
)
)
Errol A. Krass ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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