Appeal No. 1999-0455
Application 08/635,483
artisan to select 40-44 gram wall tubing for a stethoscope as
claimed. Such evidence is lacking on this record.
Because the examiner has failed to establish a prima
facie case of the obviousness of the claimed invention, we do
not sustain the examiner’s rejection of the appealed claims.
Therefore, the decision of the examiner rejecting claims 1-3
and 5 is reversed.
REVERSED
)
JERRY SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
STUART S. LEVY )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
HOWARD B. BLANKENSHIP )
Administrative Patent Judge )
14
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007