Appeal No. 97-1167 Page 12
Application No. 08/475,062
appellants. (Id., Fig. 3) The examiner has given us no basis
for the obviousness of the necessary experiments apart from
the appellants’ disclosure thereof.
For these reasons, the examiner failed to show that SHD
was recognized to be a result-effective variable. Therefore,
we find the examiner’s rejection does not amount to a prima
facie case of obviousness. Because the examiner has not
established a prima facie case, the rejection of claims 3, 11,
13, and 15 as obvious over Admission in view of Ottesen and
Shimotashiro and of claims 6, 12, and 14 as obvious over
Admission in view of Ottesen and Shimotashiro further in view
of Tin are improper and are reversed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 3, 6, and 11-15 under 35 U.S.C. § 103 is reversed.
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