Appeal No. 1998-3276
Application No. 08/667,211
environment or operation), much less its solution. In re
Sponnoble, 405 F.2d 578, 585, 160 USPQ 237, 243 (CCPA 1969)
(“[A] patentable invention may lie in the discovery of the
source of a problem even though the remedy may be obvious once
the source of the problem is identified. This is part of the
‘subject matter as a whole’ which should always be considered in
determining the obviousness of an invention under 35 U.S.C.
103.”).
For these reasons, we cannot uphold any of the examiner’s
rejections.
The decision of the examiner is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
TERRY J. OWENS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
)
ROMULO H. DELMENDO )
Administrative Patent Judge )
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