Appeal No. 1998-3317 Page 8
Application No. 08/575,347
obviousness rejection under 35 U.S.C. § 103 is, of course,
impermissible. See In re Dembiczak, supra; W. L. Gore and
Assocs., Inc. v. Garlock, Inc., supra. It follows that we
cannot sustain the examiner's rejections of claims 1 and 3 to
9.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 and 3 to 9 under 35 U.S.C. § 103 is reversed.
REVERSED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JEFFREY V. NASE ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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)
)
JENNIFER D. BAHR )
Administrative Patent Judge )
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