Appeal No. 1999-1847
Application No. 08/810,581
images and identification data would have flowed from the substitution of equivalent image
and identification data so as to obtain the expected and desired results taught by Wuhrl.
We disagree with the examiner position and find that the examiner has not established a
prima facie case of obviousness. Since the examiner has not established a prima facie
case of obviousness, we will not sustain the rejection under 35 U.S.C. § 103 of claims 7-
12.
CONCLUSION
To summarize, the decision of the examiner to reject claims 7-12 under
35 U.S.C. § 112, first paragraph is reversed, and the decision of the examiner to reject
claims 7-12 under 35 U.S.C. §§102 and 103 is reversed.
REVERSED
JERRY SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
MICHAEL R. FLEMING ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JOSEPH L. DIXON )
Administrative Patent Judge )
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