Appeal No. 2000-0839
Application No. 08/355,502
and thereby overcome the deficiency in the combination of Capon in view of
Mosmann.
Winter, however, fails to make up for the deficiency in the underlying
combination of Capon in view of Mosmann, as applied to claims 1, 2, 4 and 8-10,
discussed supra. Thus, the examiner failed to establish the evidence necessary to
maintain a prima facie case of obviousness. Accordingly, we reverse the rejection
of claim 3 under 35 U.S.C. § 103 as being unpatentable over Capon in view of
Mosmann and further in view of Winter.
REVERSED
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Toni R. Scheiner )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Donald E. Adams )
Administrative Patent Judge )
DA/dym
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007