Appeal No. 1998-2921 Page 7
Application No. 08/511,451
v. Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-13
(Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Additionally, we do not agree with the position set forth
by the examiner (answer, p. 7) that the cases of In re Casey,
370 F.2d 576, 152 USPQ 235 (CCPA 1967) and In re Otto, 312
F.2d 937, 136 USPQ 458 (CCPA 1963) support the proposition
that in a claim drawn to a process of making, the intended use
must result in a manipulative difference as compared to the
prior art.
For the reasons set forth above, the decision of the
examiner to reject claims 19 to 26 under 35 U.S.C. § 103 is
reversed.
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