Appeal No. 2000-0338 Page 7
Application No. 08/624,615
are not evidence. More specifically, the examiner neither
shows that Khurgin’s ice detector is deficient in correctness,
accuracy, versatility, robustness, or all-weather performance
nor shows that including Boschung’s cooling element would cure
the deficiency. Absent evidence that Khurgin’s ice detector
would benefit from Boschung’s cooling element, we are not
persuaded that teachings from the prior art would have
suggested combining the teachings of the references.
Therefore, we reverse the rejection of claims 9-16 as obvious
over Khurgin in view of Boschung.
CONCLUSION
In summary, the rejection of claims 9-16 under § 103(a)
is reversed.
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