Appeal No. 2001-0831
Application No. 08/765,079
powder coating technology. Here, the examiner has failed to
provide the requisite evidence or explanation. Hence, we are
compelled to reverse the examiner’s rejection.
Because our reversal is based upon a failure to establish a
prima facie case of obviousness, we need not decide whether the
test results reported in the Williams Declaration of record
(appellant’s brief: Appendix B) constitute a dispositive showing
of unexpected results.
For the foregoing reasons, the decision of the examiner is
reversed.
REVERSED
MARC L. CAROFF )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
BEVERLY A. PAWLIKOWSKI ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
MARK NAGUMO )
Administrative Patent Judge )
MLC:hh
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