Appeal No. 1997-1422
Application 08/279,557
the Rogers fabric (figure 3). The examiner has not explained
why one of ordinary skill in the art, given these references
but not appellant’s disclosure, would have had a reasonable
expectation of success in modifying the structure of the
Rogers fabric in the manner proposed by the examiner.
The examiner, therefore, has not carried the burden of
establishing a prima facie case of obviousness of appellant’s
claimed invention.
DECISION
The rejection of claims 1-20 under 35 U.S.C. § 103 as
being unpatentable over Rogers in view of Matsuda is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
TERRY J. OWENS ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
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