Appeal No. 2000-2245
Application No. 08/661,686
the findings are deemed to support the conclusion of obviousness. See In re Lee, 277
F.3d 1338, 1343, 61 USPQ2d 1430, 1433-34 (Fed. Cir. 2002).
Since, in our view, the examiner has failed to establish a prima facie case of
obviousness by providing adequate evidence of the requisite suggestions in the prior art
and/or of the requisite motivation to combine the applied references, we will not sustain the
rejection of claims 1-3, 5-7, 9-14, 16-18, 20-27, 29-35, 37 and 38 under 35 U.S.C. § 103.
The examiner’s decision is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
ERROL A. KRASS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007