Appeal No. 96-0377
Application 07/979,254
be an optimization of Bersin, determined through “routine
experimentation.” Appellants have indicated no criticality of
the claimed dimensions. They have merely stated what was used
in their invention without explanation. Bersin’s hole
diameter and pitch are of the same order of magnitude as
claimed by Appellants, and are considered to be applicable to
optimization. We have not sustained the rejection of
claims 1, 2, 5 through 10 and 13 through 20 under 35 U.S.C. §
103. Accordingly, the Examiner's decision is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
MICHAEL R. FLEMING ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
STUART N. HECKER )
Administrative Patent Judge )
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