Ex parte GROSSA et al. - Page 4

                Appeal No. 1997-1943                                                                                                     
                Application 08/254,335                                                                                                   

                Bauer which is not the standard for obviousness under § 103.  In re O'Farrell, 853 F.2d 894, 903, 7                      
                USPQ2d 1673, 1681 (Fed. Cir. 1988).  Having determined that the examiner has failed to establish a                       
                prima facie case of obviousness, we need not review appellants’ evidence of nonobviousness.                              


                        The examiner’s decision is reversed.                                                                             
                                                               Reversed                                                                  















                                        MARY F. DOWNEY                                  )                                                
                                        Administrative Patent Judge                     )                                                
                                                                                        )                                                
                                                                                        )                                                
                                                                                        )                                                
                                        BRADLEY R. GARRIS                               )   BOARD OF PATENT                              
                                        Administrative Patent Judge                     )        APPEALS AND                             
                                                                                        )      INTERFERENCES                             
                                                                                        )                                                
                                                                                        )                                                
                                        CHARLES F. WARREN                               )                                                
                                        Administrative Patent Judge                     )                                                







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