Appeal No. 1997-1670
Application 08/098,942
rejection of the claims on appeal under 35 U.S.C. § 103.
Where, as here, the examiner fails to establish a prima facie case of obviousness,
the rejection is improper and will be overturned. In re Fine, 837 F.2d 1071, 1074, 5
USPQ2d 1596, 1598 (Fed. Cir.1988). Therefore the rejection of claims 8-15 and 23-24
under 35 U.S.C. § 103 is reversed.
CONCLUSION
The examiner's rejection of claims 3-6 and 8-10 under 35 U.S.C. § 103 as obvious
over the combined teachings of Uhlmann, Peterson, Kim, Foulkes, Claffey, Tischer, and
page 4 of the applicant's specification is reversed.
REVERSED
Douglas W. Robinson )
Administrative Patent Judge )
)
)
)
Carol A. Spiegel ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Donald E. Adams )
Administrative Patent Judge )
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