Appeal No. 1999-2276
Application 08/785,802
the applicant’s invention only with the benefit of hindsight, is
insufficient to present a prima facie case of obviousness.” In
re Oetiker, 977 F.2d at 1447, 24 USPQ2d at 1446.
In accordance with our finding that the Examiner has failed
to establish a prima facie case of obviousness, we reverse the
rejection of claim 1 and dependent claims 3-5 under 35 U.S.C.
§ 103(a) as unpatentable over the APA and Mori.
REVERSED
JERRY SMITH
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
MICHAEL R. FLEMING )
Administrative Patent Judge )
mrf/vsh
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