Ex parte LIPOVAC - Page 8




             Appeal No. 1998-2985                                                                   8              
             Application No. 08/725,212                                                                            

                    It is well settled that the examiner must show reasons that the skilled artisan with           

             no knowledge of the claimed invention would select the elements from the cited prior art              

             references for combination in the manner claimed.  We determine that there is no                      

             reason, suggestion, or motivation to combine the references in the manner proposed by                 

             the examiner.  Accordingly, the examiner has not established a prima facie case of                    

             obviousness and the examiner's rejection under 35 U.S.C. § 103 is not sustained.  In re               

             Rouffet, 149 F.3d 1350, 1355, 47 USPQ2d 1453, 1455 (Fed. Cir. 1998).                                  
































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