Appeal No. 1997-0424
Application 07/985,253
1995), citing W. L. Gore & Assocs., v. Garlock, Inc., 721 F.2d
at 1553, 220 USPQ at 312-13 (Fed. Cir. 1983).
Therefore, we conclude that the suggested combination of
Takahashi and Masubuchi is improper and the Examiner has not
established a prima facie case of obviousness to reject the
independent claims 1, 8 and 13 and, hence, the dependent
claims 2 to 5, 7 and 9 to 12 within the meaning of 35 U.S.C. §
103.
DECISION
The decision of the Examiner rejecting claims 1 through 5
and 7 through 13 under 35 U.S.C. § 103 over Takahashi and
Masubuchi is reversed.
REVERSED
JERRY SMITH )
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