Appeal No. 2000-2015
Application 08/843,060
1553, 220 USPQ 303, 313 (Fed. Cir. 1983).
Since we have determined that the teachings and
suggestions that would have been fairly derived from Kelly and
Ward would not have made the subject matter as a whole of
claim 1 on appeal obvious to one of ordinary skill in the art
at the time of appellant’s invention, we must refuse to
sustain the examiner’s rejection of that claim under 35 U.S.C.
§ 103(a). It follows that the examiner's rejection of
dependent claims 2 through 5 under 35 U.S.C. § 103(a) based on
Kelly and Ward will also not be sustained.
In light of the foregoing, the decision of the examiner
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