Ex parte GOULET et al. - Page 6




          Appeal No. 1999-2423                                                        
          Application 08/825,204                                                      


          suggested to one of ordinary skill in the art such materials                
          rather than, for example, merely suggesting materials which,                
          like the other disclosed fluids, apparently function by                     
          providing only a thermal and/or fluid shear effect.                         
               Accordingly, we conclude that the examiner has not                     
          carried the burden of establishing a prima facie case of                    
          obviousness of the appellants’ claimed invention.                           





                                      DECISION                                        
               The rejection of claims 15-17 under 35 U.S.C. § 103 over               
          Sharer in view of Hagguist is reversed.                                     
                                      REVERSED                                        




                                                       )                              
                         BRADLEY R. GARRIS             )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         TERRY J. OWENS                     )                         
                         Administrative Patent Judge   )   APPEALS AND                

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