Appeal No. 1999-1396
Application No. 08/524,668
Here, we find no reason stemming from the prior art which would have led a person
having ordinary skill in the art to the claimed invention. We find that the examiner’s burden
of establishing a prima facie case of obviousness has not been met. In our judgment, the
only reason or suggestion to modify Murray in the manner proposed by the examiner
comes from appellants’ specification. Accordingly, the rejection of the claims under 35
U.S.C. § 103 is reversed.
REVERSED
)
Douglas W. Robinson )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Toni R. Scheiner )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Donald E. Adams )
Administrative Patent Judge )
Janelle S. Graeter
USDA, ARS, OTT
5601 Sunnyside Ave.
RM 4-1159
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