Appeal No. 1997-2808
Application No. 08/313,129
Mfg. v. SGS Importers Int’l, 73 F.3d at 1087, 37 USPQ2d at
1239, citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721
F.2d at 1551, 1553, 220 USPQ at 311, 312-13.
Since there is no evidence in the record that the
prior art suggested the desirability of the proffered
modification, we will not sustain the Examiner’s rejection of
independent claims 2, 9, 10 and 15, all of which contain the
alternating language discussed supra.
The remaining claims on appeal also contain the
above limitations discussed in regard to the independent
claims and thereby, we will not sustain the rejection as to
these claims.
We have not sustained the rejection of claims 2
through 15 under 35 U.S.C. § 103. Accordingly, the Examiner's
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