Appeal No. 1998-2534
Application No. 08/533,366
ordinary skill in this art. Thus there is no factual basis on
this record for the examiner’s statement that “[t]he use of
hysteresis data in the design of elastomeric parts is
widespread in the elastomer art.” Answer, page 4.
For the foregoing reasons, we determine that the examiner
has not met the initial burden of presenting a prima facie
case of obviousness. Accordingly, the rejection of claims 15-
17 under 35 U.S.C. § 103 as unpatentable over Himelreich is
reversed.
The decision of the examiner is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
THOMAS A. WALTZ ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JEFFREY T. SMITH )
Administrative Patent Judge )
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