Appeal No. 1999-2207
Application No. 08/967,152
relying upon speculation with respect to the teachings of Allina. Therefore, we find that the
examiner has not established a prima facie case of obviousness and we will not sustain
the rejection of independent claim 13.
CONCLUSION
To summarize, the decision of the examiner to reject claims 7-14 under 35 U.S.C. §
103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOSEPH L. DIXON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
STUART S. LEVY )
Administrative Patent Judge )
jld/vsh
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