Appeal No. 1998-0434
Application 08/620,745
whether they were significant or negligible. Even with
respect to tests E and G, it is merely disclosed that the
deposits were “marked” (page 4). There is no indication of
the significance of such a stain.
For the above reasons we conclude, based upon the
preponderance of the evidence, that the appellants’ claimed
invention would have been obvious to one of ordinary skill in
the art within the meaning of 35 U.S.C. § 103.
DECISION
The rejections of claims 1, 3-7 and 10 under 35 U.S.C.
§ 102(a, b or e) as being anticipated by Yamada or Nishigaki
are reversed. The rejections of claims 1, 3-7 and 10 under 35
U.S.C. § 103 as being obvious over Yamada, Nishigaki or their
combination, are affirmed.
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