Appeal No. 94-3359
Application 07/941,566
facie case of obviousness with respect to the subject matter
described by claim 8. Accordingly, we reverse the examiner's
rejection of claim 8 under 35 USC 103.
REJECTION UNDER 37 CFR § 1.196(b)
Pursuant to our authority under 37 CFR 1.196(b) we
enter the following rejection of appellants' claims 1 through 12
under 35 USC 103, as the subject matter claimed therein by
appellants would have been prima facie obvious to a person of
ordinary skill in the art at the time appellants' invention was
made.
The references of record which are being relied on to
reject appellants' claims are:
Minsk et al. (Minsk) U.S. Patent 2,710,801 6/14/55
British Patent Number 1,318,213 5/23/73 (IBM)
As part of our responsibility to make factual findings
with respect to the scope and content of the prior art and in
order to determine the level of ordinary skill in the relevant
art , we have considered the state of the art as represented by4
appellants in their specification and at page 4 of their brief as
Graham v. Deere, 86 S.Ct. 684, 694, 383 U.S. 1, 17, 1484
USPQ 459, 467 (1966).
22
Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: November 3, 2007