Appeal No. 1996-3866
Application 08/087,957
administration of 3'-azido-3'-deoxythymidine and methotrexate described in Minor was
within a 48 hour time period to satisfy the claim.
We note that the record reflects that appellants have filed two Declarations for
consideration of the examiner in the application. We find it unnecessary to reach the
rebuttal evidence of appellant as we find the examiner has not met the burden of setting
forth a prima facie case of unpatentability based on obviousness. In re Oetiker, 977 F.2d
1443, 1446, 24 USPQ2d 1443, 1445 (Fed. Cir. 1992), In re Geiger, 815 F.2d 686, 688, 2
USPQ2d 1276, 1278 (Fed. Cir. 1987).
CONCLUSION
The rejection of claims 14-15 and 17-20 under 35 U.S.C. § 103 as obvious in view
of Minor is reversed.
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