Appeal No. 2000-1092 5
Application No. 08/933,959
micro-photograph of the finished iron powder product. Accordingly, on the record before
us, we are constrained to reverse the decision of the examiner.
Because we reverse on this basis, we need not reach the issue of the sufficiency of the
showing of unexpected results in the specification. In re Geiger, 815 F. 2d 686, 688,
2 USPQ2d 1276, 1278 (Fed. Cir. 1987).
DECISION
The rejection of claims 1 through 5 under 35 U.S.C. § 103(a) as being unpatentable
over Freeman or Konig is reversed.
The decision of the examiner is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
CHUNG K. PAK ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
PAUL LIEBERMAN )
Administrative Patent Judge )
pl/vsh
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