Ex parte KEVORKIAN et al. - Page 8




                 Appeal No. 2000-1782                                                                                                                   
                 Application No. 08/933,639                                                                                                             

                 foregoing references fail to establish a prima facie case of                                                                           
                 obviousness with respect to the subject matter recited in                                                                              
                 these claims.           4                                                                                                              
                          Hence, we shall not sustain the standing 35 U.S.C. §                                                                          
                 103(a) rejection of claims 1, 5, 9, 14 and 19, and dependent                                                                           
                 claims 2 through 4, 6 through 8, 10 through 13, 15 through 18                                                                          
                 and 20, as being unpatentable over Joyner in view of Saigne                                                                            
                 and Bright.                                                                                                                            
                 III. The 35 U.S.C. § 103(a) rejection of claims 1 through 20                                                                           
                 as being unpatentable over Joyner in view of Saigne, Bright                                                                            
                 and Rohrig                                                                                                                             
                          Rohrig discloses a plastic feeding bottle having                                                                              
                 micropores 5 formed directly in its bottom by a laser.  The                                                                            
                 micropores are sized to permit the passage of ambient air for                                                                          
                 counteracting the buildup of negative pressure, and to prevent                                                                         
                 the leakage of water and other liquid foods.  Such disclosure                                                                          
                 affords no cure for the above noted flaws in the proposed                                                                              
                 Joyner-Saigne-Bright combination.                                                                                                      



                          4This being so, it is unnecessary to delve into the                                                                           
                 merits of the appellants’ declaration evidence of non-                                                                                 
                 obviousness.                                                                                                                           
                                                                           8                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007