Appeal No. 98-3327
Application No. 08/606,651
appellant’s disclosure. This, of course, is improper. See In
re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed.
Cir. 1992).
It is our conclusion that a prima facie case of
obviousness has not been established on the record with regard
to the subject matter recited in claim 1. This being the
case, we will not sustain the rejection of claim 1 or, it
follows, of claims 4-6 and 20, which depend therefrom.
The decision of the examiner is reversed.
REVERSED
Ian A. Calvert )
Administrative Patent Judge )
)
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