Appeal No. 1999-2446 Page 24
Application No. 08/705,592
Claim 15 recites that the wood fragments are
"sufficiently small to pass through a 1½ inch separation
screen" so that the wood fragments within the container are
"smaller than 1½ inch." As with claim 12 above, the examiner
has not provided any evidence as to why it would have been
obvious at the time the invention was made to a person having
ordinary skill in the art to have modified the size of the
wood fragments to be smaller than 1½ inch. Since the examiner
has not established that the subject matter of claim 15 would
have been obvious under
35 U.S.C. § 103, the decision of the examiner to reject claim
15 and claim 16 dependent thereon under 35 U.S.C. § 103 as
being unpatentable over Scott is reversed.
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