Appeal No. 1998-0468
Application No. 08/291,825
applied references, we find that the initial burden of establishing the prima facie
obviousness of the claimed subject matter has not been met. The 35 U.S.C. § 103 rejection
of claims 1-10 is reversed.
Since we reverse for the lack of the presentation of a prima facie case of
obviousness, we need not reach the issue of the sufficiency of the declaration evidence and
evidence in the specification as allegedly demonstrating unexpected results. See In re
Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276, 1278 (Fed. Cir. 1987).
-6-
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007