Appeal No. 97-2287
Application No. 08/299,128
record that the edge follower could only be longer
than concave portions.
Appellant summarizes his position by stating (Brief, pages 4
and 5) that:
Appellant respectfully submits that the Examiner
has failed to set forth a prima facie case of
obviousness or anticipation . . . . The Examiner’s
conclusion that the film edge followers 28 and 30
are larger than the width of concave portions which
are not even shown or suggested in the reference is
a "leap of faith" which is wholly unsupported by any
cited reference, and does not meet the standards
required by § 102 and § 103 to constitute a prima
facie case of unpatentability.
Inasmuch as we agree with appellant’s argument’s, we will
reverse the 35 U.S.C. § 102(e) and the 35 U.S.C. § 103
rejections of claim 1.
DECISION
The decision of the examiner rejecting claim 1 under 35
U.S.C. § 102(e) and 35 U.S.C. § 103 is reversed.
REVERSED
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