Appeal No. 1997-3870
Application No. 08/421,055
sufficient to support a prima facie case of obviousness. Thus
the rejections under section 103 cannot stand. In re Warner,
379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967).
C. Summary
The rejection of claims 6-32 under 35 U.S.C. § 112, ¶1, for
failure to fulfill the written description requirement is
affirmed. The rejection of claims 14, 15 and 29-31 under the
first paragraph of 35 U.S.C. § 112 for lack of enabling
disclosure is reversed.
The rejection of claims 6-8, 16, 20-26 and 32 under
35 U.S.C. § 102 as anticipated by or, in the alternative, under
35 U.S.C. § 103 as unpatentable over Wagner is reversed. The
rejection of claims 10-13 under 35 U.S.C. § 103 as unpatentable
over Wagner in view of Pletcher is reversed. The rejection of
claims 9 and 28 under 35 U.S.C. § 103 as unpatentable over Wagner
in view of Schappert is reversed. The rejection of claims 17-19
and 27 under 35 U.S.C. § 103 as unpatentable over Wagner in view
of Kan is reversed.
The decision of the examiner in rejecting the claims on
appeal is thereby affirmed.
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