Appeal No. 1998-0127
Application No. 08/609,670
Claim 6 stands rejected under 35 U.S.C. § 103. As
evidence of obviousness the examiner offers Abare in view of
Kunkle.
Rather than repeat the arguments of appellants or the
examiner, we make reference to the brief and the answer for
the respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the
evidence of obviousness relied upon by the examiner as support
for the rejection. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellants’
arguments set forth in the brief along with the examiner’s
rationale in support of the rejection and arguments in
rebuttal set forth in the examiner’s answer.
It is our view, after consideration of the record
before us, that the evidence relied upon and the level of
skill in the particular art would not have suggested to one of
ordinary skill in the art the obviousness of the invention as
set forth in claim 6. Accordingly, we reverse.
In rejecting claims under 35 U.S.C. § 103, it is
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