Appeal No. 1999-1425
Application No. 08/393,321
no evidence which would reasonably guide one of ordinary skill as to how to modify the
methodology of either Johnson or Agerkvist in a manner to arrive at the method of the
rejected claims. It is not enough that these methods could be modified, with or without
experimentation, to arrive at the claimed invention unless these is something to be found in
the prior art which would direct those of ordinary skill in the process. That direction or
suggestion is not present on this record. Thus, we conclude that the examiner has failed to
provide sufficient evidence to reasonably support a conclusion of obvious within the
meaning of 35 U.S.C. § 103 as to the method presently claimed. Therefore, we reverse
the rejection of claims 10 - 26 under 35 U.S.C. § 103.
Summary
The rejection of claims 1 - 9 under 35 U.S.C. § 103 as unpatentable over the
combined teachings of Sambrook and Sauer is reversed. The rejection of claims
10 - 26 under 35 U.S.C. § 103 over the combined teachings of Sambrook, Johnson, and
Agerkvist is reversed.
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