Appeal No. 1997-1652
Application 07/942,971
The examiner, in our view, has not set forth a prima
facie case of anticipation of the claims on appeal that have
been rejected under 35 U.S.C. § 102. We are unconvinced of
the correlation and correspondence the examiner attempts to
make from Rubine to the particular features of the claims.
The correspondence and correlation must be reasonably clear
from an artisan's perspective and not subject to high degrees
of speculation as is present in the facts in this appeal. For
similar reasons, we will not sustain the obviousness rejection
of certain claims under 35 U.S.C. § 103.
In view of the foregoing, we reverse the decision of the
examiner rejecting certain of claims 1 through 22 on appeal
under
35 U.S.C. § 102 and 35 U.S.C. § 103.
REVERSED
James D. Thomas )
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