Appeal No. 2001-0913
Application No. 09/002,058
claim 1 is reversed because the examiner’s obviousness determination must be “based on evidence
of record,” and not the examiner’s “subjective belief and unknown authority.” In re Lee, 277 F.3d
1338, 1343-44, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002).
The obviousness rejections of claims 2 through 26 and 28 through 33 are likewise reversed
because none of the other references of record cures the noted shortcoming in the teachings of de
Cristofaro.
DECISION
The decision of the examiner rejecting claims 27 and 34 under the second paragraph of 35
U.S.C. § 112, and claims 1 through 26 and 28 through 33 under 35 U.S.C. § 103(a) is reversed.
REVERSED
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