Appeal No. 95-4440
Application 07/841,707
obtain a patent he would have an almost insurmountable
burden. Therefore, the statute provides for what may be
said to be a presumption of novelty in the language of
section 102 “a person shall be entitled to a patent
unless _ _ _” (Emphasis added). What this means, in
an ex parte proceeding to obtain a patent, is that the
Patent Office has the initial burden of coming forward
with some sort of evidence tending to disprove novelty.
Conclusion
We reverse all the examiner’s rejections of Claims 19 and
20 under 35 U.S.C. § 102 or 103.
REVERSED
Teddy S. Gron )
Administrative Patent Judge )
)
)
)
Joan Ellis ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Hubert C. Lorin )
Administrative Patent Judge )
tdc
- 8 -
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007