Appeal No. 99-0196
Application 08/270,742
examiner has improperly relied on speculation, unfounded
assumptions and/or hindsight reconstruction to supply the
deficiencies in Lawrence. As a result of its shortcomings,
the Lawrence reference fails to establish a prima facie case
of obviousness with respect to the subject matter recited in
claim 1 or in claims 2 through 5, 10 and 11 which depend
therefrom. Accordingly, we shall not sustain the standing 352
U.S.C. § 103(a) rejection of these claims.
The decision of the examiner is reversed.
REVERSED
)
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
2 This being so, we find it unnecessary to evaluate the
merits of the appellants’ declaration evidence of non-
obviousness.
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