Appeal No. 1998-0773 Page 7
Application No. 08/578,106
“[T]he examiner must show reasons that the skilled artisan, confronted with the same problems
as the inventor and with no knowledge of the claimed invention, would select the elements from the
cited prior art references for combination in the manner claimed.”
In re Rouffet, 149 F.3d 1350, 1357, 47 USPQ2d 1453, 1458 (Fed. Cir. 1998). Those reasons are
lacking in the present case. Therefore, we conclude for the above reasons and those presented by the
Appellants that the Examiner has failed to establish a prima facie case of obviousness with respect to
the subject matter of the appealed claims.
CONCLUSION
To summarize, the decision of the Examiner to reject claims 2-7, 9 and 10 under
35 U.S.C. § 103 is reversed.
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