Appeal No. 1997-0328 Page 8
Application No. 08/094,072
Accordingly, we agree with appellants that the examiner's
rejection falls short of establishing a prima facie case of
obviousness.
Since we find that the examiner has not established a
prima facie case of obviousness, we need not reach the issue
of the sufficiency of the evidence in the specification as
allegedly demonstrating unexpected results. In re Geiger, 815
F.2d 686, 688, 2 USPQ2d 1276, 1278 (Fed. Cir. 1987).
CONCLUSION
To summarize, the decision of the examiner to reject
claims 8 through 27 under 35 U.S.C. § 103 as being
unpatentable over Roselle in view of Hughes is reversed.
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