Appeal No. 96-3726
Application No. 08/074,009
examiner’s inherency position and the section 102 rejection
based thereon as explained by the appellants in their brief
(e.g., see pages 11-16).
The examiner’s obviousness conclusion and the section 103
rejection based thereon are similarly defective. That is,
even if the physical properties of Wagner’s products were
optimized as urged by the examiner, this optimization would
have been made in order to achieve patentee’s desired
characteristics of “breathability” and “the aesthetic appeal
of leather”, and it would be pure conjecture to presume that
optimized properties which yield such characteristics would be
the same as or even overlap the properties which yield a
“leather-like touch” in accordance with the appealed claims.
In light of the foregoing, we also can not sustain the
examiner’s section 102 and 103 rejections of the appealed
claims over Wagner.
The decision of the examiner is reversed.
REVERSED
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