Appeal No. 95-4298
Application No. 07/886,263
228 USPQ 685, 686 (Fed. Cir. 1986):
If a prima facie case is made in the first instance,
and if the applicant comes forward with reasonable
rebuttal, whether buttressed by experiment, prior
art references, or argument, the entire merits of
the matter are to be reweighed. [Emphasis added,
citation omitted].
This the examiner did not do. The Examiner's Answer does not
come to grips with appellants' objective evidence of
nonobviousness, set forth in Example 1 of the specification
and relied on for patentability in the Appeal Brief.
The examiner's decision is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
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WILLIAM F. SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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HUBERT C. LORIN )
Administrative Patent Judge )
clm
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