Appeal No. 1997-4442
Application 08/353,040
between Drabkin and the claimed subject matter by saying that
selection of the values would have been within the level of
ordinary skill in the art. This is a factually unsupported
conclusion at the argued point of novelty. While we have no
doubt that material selection is within the level of ordinary
skill in the art, there is no evidence in the rejection before
us that one of ordinary skill in the art would have been
motivated to select the differences in resistance values and
TCR values to be maximally a factor of 10. In the absence of
evidence supporting the Examiner's conclusion, we conclude
that the Examiner has not established a prima facie case of
obviousness. The rejection of claims 2-6 is reversed.
CONCLUSION
The rejections of claims 2-6 are reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS
Administrative Patent Judge ) AND
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