Appeal No. 2001-2490
Application No. 09/388,056
a prima facie case of obviousness in view of the reference
evidence.1 Therefore we reverse the examiner’s rejection of claims
12 and 14 under 35 U.S.C. § 103(a) over Holiday.
C. Summary
The rejections of claims 12-14 under 35 U.S.C. § 102(b)/
§ 103(a) over Hupp are reversed. The rejection of claims 12 and 14
under 35 U.S.C. § 103(a) over Holiday is reversed.
1Since we determine that no prima facie case of obviousness
exists on this record, we need not consider appellant’s rebuttal
evidence (U.S. Patent No. 5,043,523, issued Aug. 27, 1991, cited
on page 7 of the Brief). See In re Geiger, 815 F.2d 686, 688, 2
USPQ2d 1276, 1278 (Fed. Cir. 1987).
8
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