Appeal No. 97-1400
Application 08/394,409
references themselves as the teachings thereof would have been
understood by one of ordinary skill in the art at the time of
appellant's invention.
Having also reviewed the patent to Zell applied by the
examiner against claims 5 and 10 through 13 on appeal, we find
nothing therein which would overcome or provide for the
deficiencies noted above in the teachings or suggestions of
Prochaska and Rozmus.
Lacking any reasonable teachings in the prior art
itself which would appear to have fairly suggested the claimed
subject matter as a whole to a person of ordinary skill in the
art, or any viable line of reasoning as to why such artisan would
have otherwise found the claimed subject matter to have been
obvious in light of the teachings of the applied references, we
must refuse to sustain the examiner's rejections of claims 1, 3,
5 and 10 through 13 under 35 U.S.C. § 103.
In light of the foregoing, the decision of the examiner
is reversed.
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