Appeal No. 96-4136
Application 08/157,688
We note that the Edwards reference is appellant's own
patent, and was issued less than one year prior to the filing
date of the instant application. It therefore does not qualify
as prior art as to appellant under 35 USC § 102(a), (b) or (e).
In the absence of Edwards, there is no basis for the examiner's
holding that the claimed subject matter would have been obvious,
and the rejection under 35 USC § 103 will not be sustained.
Conclusion
The examiner's decision to reject claims 1 to 5 is reversed.
Reversed
IAN A. CALVERT )
Administrative Patent Judge )
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)
) BOARD OF PATENT
JOHN P. McQUADE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
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JEFFREY V. NASE )
Administrative Patent Judge )
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