Appeal No. 1997-1069
Application No. 08/234,959
cannot be predicated on what is unknown").
Thus, on this record, we agree with appellants that the
examiner has not demonstrated that the claimed subject matter
as a whole would have been obvious to one of ordinary skill in
the art in view of the Furrer reference. Accordingly, we
reverse the examiner’s decision rejecting all of the appealed
claims under
35 U.S.C. § 103 over the Furrer reference.
The decision of the examiner is reversed.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ADRIENE LEPIANE HANLON ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
CHUNG K. PAK )
Administrative Patent Judge )
CKP:sld
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