Appeal No. 2000-0723
Application 08/852,415
The examiner’s rejection relies on the examiner’s speculation
as to what probably happens when the device of Allen is used
for the mastering process. As argued by appellants,
obviousness cannot be established based on speculation and
conjecture by the examiner. Therefore, we agree with
appellants that the examiner has failed to establish a prima
facie case of the obviousness of these claims. Therefore, we
do not sustain the examiner’s rejection of claims 8-27.
In summary, we have not sustained any of the
examiner’s rejections of the claims on appeal. Therefore, the
decision of the examiner rejecting claims 1-3, 5, 6 and 8-27
is reversed.
REVERSED
JERRY SMITH )
Administrative Patent Judge )
)
)
)
PARSHOTAM S. LALL ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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)
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