Appeal No. 1996-1009
Application No. 07/949,551
rejection of dependent claims 16-18 under § 103. Dependent claims are nonobvious under § 103 if the
independent claims from which they depend are nonobvious. In re Fine, 837 F.2d 1071, 1074, 5
USPQ2d 1596, 1598 (Fed. Cir. 1988).
Having concluded that the examiner has not established a prima facie case of obviousness, we
do not reach appellants’ discussion of rebuttal evidence on pages 5 and 6 of the brief and on pages 2-4
of the reply brief.
CONCLUSION
To summarize, the decision of the examiner to reject claims 15-18 under 35 U.S.C. § 103 is
reversed.
REVERSED
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