Appeal No. 95-2052
Application 07/620,939
declaration, filed under the provisions of 37 CFR § 1.132 and executed June 23, 1993, or the
objective evidence presented in the specification, pages 22 and 23. Appellants rely on the Pastan
declaration and the specification evidence to rebut a prima facie case of obviousness if a prima facie
case were established by the examiner.
In conclusion, we do not sustain the rejection of claims 8, 10, 14 and 15 under 35 U.S.C. §
103 as unpatentable over the combined disclosures of Batra 1989, Batra 1990, Pastan, Youle, and
Kondo. The examiner's decision is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
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) BOARD OF PATENT
WILLIAM F. SMITH ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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HUBERT C. LORIN )
Administrative Patent Judge )
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