Ex parte WARNER et al. - Page 12




          Appeal No. 1998-1807                                                        
          Application No. 08/090,770                                                  


          180 USPQ 580, 583 (CCPA 1974).  Since all the limitations of                
          claim 1 are not taught or suggested by Wiand, the examiner has              
          not established the prima facie obviousness of the claimed                  
          invention.  Therefore, we will not sustain the standing 35                  
          U.S.C. § 103 rejection of claims 1 through 14, 20, 21 and 26                
          through 32 based on Wiand alone.                                            
               The examiner has also rejected claims 1 through 14, 20,                
          21 and 26 through 32 under 35 U.S.C. § 103 as being                         
          unpatentable over Wiand in combination with Pieper.  However,               
          Pieper does not supply the deficiencies noted above with                    
          respect to Wiand.  Since all of the claimed limitations in                  
          claims 1 through 14, 20, 21 and                                             
          26 through 32 would not have been suggested by the combined                 
          teachings of Wiand and Pieper, we will not sustain the                      
          standing 35 U.S.C. § 103 rejection of these claims based on                 
          Wiand and Pieper.                                                           





               In summary, all of the examiner's rejections of claims 1               
          through 14 and 20 through 32 are reversed.                                  
                                          12                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007