Appeal No. 95-2399
Application 08/061,669
knowledge of unquestionable demonstration. Our reviewing court
requires this evidence in order to establish a prima facie case.
In re Knapp-Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA
1961); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72 (CCPA
1966). Therefore, we find that the Examiner has failed to
establish why one having ordinary skill in the art would have
been led to the claimed invention by teachings or suggestions
found in the prior art.
We have not sustained the rejection of claims 1 through
3 and 5 through 10 under 35 U.S.C. § 103. Accordingly, the
Examiner's decision is reversed.
REVERSED
MICHAEL R. FLEMING )
Administrative Patent Judge )
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) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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