Appeal No. 2001-1667
Application No. 09/117,280
artisan, with no knowledge of the claimed invention, would have
selected these components for combination in the manner claimed."
Ecolochem, Inc. v. Southern Cal. Edison Co., 227 F.3d 1361, 1375,
56 USPQ2d 1065, 1076 (Fed. Cir. 2000) (quoting In re Kotzab, 217
F.3d 1365, 1371, 55 USPQ2d 1313, 1317 (Fed. Cir. 2000)).
In sum, we find that the examiner has failed to establish a
prima facie case of obviousness. Accordingly, the rejection of
claims 1-8 and 11-12 under 35 U.S.C. § 103 is reversed.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
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PETER F. KRATZ ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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LINDA R. POTEATE )
Administrative Patent Judge )
LRP/lbg
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