Appeal No. 2002-0109
Application No. 09/110,221
required in appellants’ claims on appeal. Lacking any credible
teachings in the applied prior art itself which would appear to
have fairly suggested the claimed subject matter as a whole to a
person of ordinary skill in the art, or any viable line of
reasoning as to why such artisan would have otherwise found the
claimed subject matter to have been obvious in light of the
teachings of the applied Matsuki patent, we must refuse to
sustain the examiner's rejection of claims 1 through 13 and 17
through 20 under 35 U.S.C. § 103(a).
Accordingly, the decision of the examiner is reversed.
REVERSED
Neal E. Abrams )
Administrative Patent Judge )
)
)
)
Charles E. Frankfort ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Jeffrey V. Nase )
Administrative Patent Judge )
CEF/tdl
Diane F. Covello, Esq.
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