Appeal No. 1998-0291
Application 08/360,894
The Examiner has set forth a prima facie case. The
Examiner has established why one having ordinary skill in the
art would have been led to the claimed invention by the
reasonable teachings or suggestions found in the prior art, or
by a reasonable inference to the artisan contained in such
teachings or suggestions. In re Sernaker, 702 F.2d 989, 995,
217 USPQ 1, 6 (Fed. Cir. 1983). Applicants have not overcome
the prima facie case with argument and/or evidence.
In view of the foregoing, the decision of the
Examiner rejecting claims 1, 2, 7, 8, 9, 10, 15, 16 and 17
under 35 U.S.C. § 103 is affirmed; however, the decision of
the Examiner rejecting claims 1 through 17 under the
judicially created doctrine of obviousness-type double
patenting is reversed.
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007