Appeal No. 96-3109
Application No. 08/445,121
not include infrared wavelengths. We see no evidence of the
quantity of experimentation necessary, the state of the prior
art, the relative skill of those in the art, or the
predictability or unpredictability of the art. Each of these
considerations and others could be shown by technical
publications and/or patents issued in the relevant art, all of
which are available to the Examiner. In the absence of such
evidence, we find the Examiner has failed to establish a prima
facie case. Therefore we will not sustain the rejection of
claims 12, 45, 47, 50, 52 and 60.
In view of the foregoing, the decision of the Examiner
rejecting claim 12, 45, 47, 50, 52 and 60 under 35 U.S.C. §
112, first paragraph is reversed.
REVERSED
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