Appeal No. 2001-2046
Application No. 08/665,046
Claims 4-5 stand rejected under 35 U.S.C. ' 103 over Pesticide and Toxic
Chemical News, Qureshi, Ninomiya in view of Capizzi, Von Kohorn, McDonough, Ohno,
Hummel and Cardé.
We reverse this rejection.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellants' specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the noted rejection, we make reference to the examiner's
Answer for the examiner's reasoning in support of the rejection, and to the appellants'
Brief and Reply Brief for the appellants' arguments thereagainst. As a consequence of
our review, we make the determinations which follow.
35 U.S.C. ' 103
Claims 4-5 stand rejected under 35 U.S.C. ' 103 over Pesticide and Toxic
Chemical News, Qureshi, Ninomiya in view of Capizzi, Von Kohorn, McDonough, Ohno,
Hummel and Cardé.
In rejecting claims under 35 U.S.C. ' 103, the examiner bears the initial burden
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