Appeal No. 1997-1913
Application 08/238,149
less than the entire claimed subject matter, the examiner? s conclusion is legally unsound
and cannot stand. On this record, we reverse the examiner? s rejection of the claims under
35 U.S.C. ? 103.3
The decision of the examiner is reversed.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Toni R. Scheiner )
Administrative Patent Judge )
3 Because we conclude that the examiner failed to make out a prima facie case of
obviousness as to claim 23, the sole independent claim, we need not specifically address
the remaining arguments raised in appellants' Brief and Reply Brief as to separate
patentability of claim 24.
7
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