Appeal No. 1996-3167 Page 16
Application No. 07/974,834
35 U.S.C. § 103 is, of course, impermissible. See, for
example, W. L. Gore and Associates, Inc. v. Garlock, Inc., 721
F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir. 1983), cert.
denied, 469 U.S. 851 (1984). Thus, we find ourselves in
agreement with the appellants that the examiner has failed to
establish a case of obviousness of the claimed subject matter
for the reasons set forth by the appellants.
For the reasons set forth above, the decision of the
examiner to reject claims 4, 6, 7, 13, 14, 26, 28 to 31, 34,
35 and 41 to 52 under 35 U.S.C. § 103 is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 4, 6, 7, 13, 14, 26, 28 to 31, 34, 35 and 41 to 52
under
35 U.S.C. § 112, second paragraph, is reversed; the decision
of the examiner to reject claims 4, 6, 7, 13, 14, 26, 28 to
31, 34, 35 and 41 to 52 under 35 U.S.C. § 112, first
paragraph, is reversed; and the decision of the examiner to
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