Appeal No. 1996-3860
Application 08/312,819
substitute any “article” into the reference. When we view the references apart from
appellants’ disclosure of the present invention, as we must, it is not apparent why one of
ordinary skill in the art would have found it obvious to modify the process in order to arrive
at the claimed subject matter. Absent a fact-based explanation from the examiner why it
would have been obvious to rearrange Talbot in the manner needed to arrive at the claims
on appeal, he has not set forth his initial burden of establish prima facies case of
obviousness. In re Oetiker, supra.
REVERSED
MARY F. DOWNEY )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
WILLIAM F. SMITH )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
JOAN ELLIS )
Administrative Patent Judge )
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