Appeal No. 95-4491
Application No. 07/864,210
Appellants argue that the examiner’s failure to consider
the Hasskarl Declaration, said to demonstrate commercial
success of the claimed invention, is reversible error (Brief,
p. 23). For the reasons set forth above, the Chang
Declaration of August 5, 1985, rebuts the prima facie
case of obviousness. Therefore, any error by the examiner in
failing to consider the Hasskarl Declaration is harmless.
The decision of the examiner is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ADRIENE LEPIANE HANLON ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
PAUL LIEBERMAN )
Administrative Patent Judge )
ALH:svt
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