Appeal No. 1999-1344
Application 08/364,718
to combine prior art references. In re Dembiczak, 175 F.3d
994, 1000-01, 50 USPQ2d 1614, 1617-19 (Fed. Cir. 1999). "The
combination of elements from non-analogous sources, in a
manner that reconstructs the applicant's invention only with
the benefit of hindsight, is insufficient to present a prima
facie case of obviousness." Oetiker, 977 F.2d at 1445, 24
USPQ2d at 1446.
Based on the evidence and arguments presented, and the
pertinent law in this matter, we find that the Examiner has
failed to establish a prima facie case of unpatentability with
respect to claims 1-8. Accordingly, we reverse the Examiner's
rejections of claims 1-8 as unpatentable over Lewis and
Beckman.
REVERSED
MICHAEL R. FLEMING )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
KENNETH W. HAIRSTON ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
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