Ex parte BRILL - Page 6




          Appeal No. 95-4209                                                          
          Application No. 07/862,486                                                  


          art would have been led to exclude one or two of these                      
          components, together with its or their attendant properties,                
          as a matter of simplification and/or economics, the                         
          elimination of all four components, along with their                        
          properties, would not have been suggested to one of ordinary                
          skill in the art.  To do so would have destroyed the invention              
          on which Tsuji is based.  See Ex parte Hartman, 186 USPQ 366,               
          367 (Bd. Pat. App. & Int. 1974).  Accordingly, we reverse the               
          examiner’s decision rejecting claims 1, 2, 4 and 5 under 35                 
          U.S.C. § 103.                                                               
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      REVERSED                                        












                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007