Appeal No. 96-0918
Application 08/059,017
appeal here.
In light of the foregoing, we conclude that the teachings
of Wechsler, Larson and Racioppi do not establish a prima
facie
case of obviousness of the subject matter of claims 23 to 25,
27, 29 to 31 and 33.
The Nordgren reference applied in the rejection of claims
28 and 34 does not render obvious what we have found to be
lacking in Wechsler, Larson and/or Racioppi. Therefore, a
prima facie case of obviousness with respect to the subject
matter of claims 28 and 34 also has not been established.
In view of the above, it is unnecessary for us to
consider appellants’ evidence of nonobviousness, i.e., the
declaration of co-inventor Gale W. Miller, filed March 9,
1994.
The decision of the examiner is reversed.
REVERSED
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