Ex Parte WEINSTEIN et al - Page 7




              Appeal No. 2002-1404                                                                Page 7                
              Application No. 08/891,918                                                                                


              (Fed. Cir. 1986); In re Antonie, 559 F.2d 618, 620, 195 USPQ 6, 8 (CCPA 1977).                            
              Moreover, the declaration of Dr. Kennedy and the other evidence of non-obviousness of                     
              record in this application cited in the brief (pp. 20-28) clearly outweigh any evidence of                
              obviousness contained in the teachings of the applied prior art.                                          


                     For the reasons set forth above, the subject matter of claims 21, 26, 29 and 34 is                 
              not suggested by the applied prior art.  Accordingly, the decision of the examiner to                     
              reject claims 21, 26, 29 and 34 under 35 U.S.C. § 103 is reversed.                                        




























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