Appeal No. 1997-3731
Application No. 08/152,089
the art have been able to derive the claimed invention from
the applied prior art. It is for this reason that the
rejection on appeal cannot be sustained.6
The decision of the examiner is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
IRWIN CHARLES COHEN ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JOHN F. GONZALES )
Administrative Patent Judge )
6Since we have concluded that the evidence of obviousness
would not have been suggestive of the claimed invention, we
need not focus upon the declaration of Mr. Takashi IWAI (main
brief, “APPENDIX 3").
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