Appeal No. 1997-0449
Application 08/380,244
USPQ at 889; Vandenberg v. Dairy Equip. Co., 740 F.2d 1560,
1567, 224 USPQ 195, 199 (Fed. Cir. 1984)). Given the facts of
this case, we conclude that, on balance, appellants’ evidence
of copying by other is sufficient in this instance to overcome
the prima facie case of obviousness made out by the examiner.
It follows that we will not sustain the standing
rejections of the appealed claims under 35 U.S.C. § 103.
Summary
The rejection of claim 13 under 35 U.S.C. § 112, second
paragraph, is affirmed.
The rejections of claims 1-14 under 35 U.S.C. § 103 are
reversed.
The decision of the examiner is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
Affirmed-in-part
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