Appeal No. 2002-2125
Application No. 09/078,914
Finally, the exhibits are unaccompanied by a statement in the
form of a declaration containing information about the provenance
or properties of the examples. Accordingly, we give the exhibits
little probative weight. Although a useful illustrative tool, on
balance, they are insufficient to overcome the prima facie case of
obviousness.
Summary of Decision
The rejection of claims 5-8, 11, and 19-23 under 35 U.S.C.
§ 103(a) as obvious over Doane in view of Jackson and Popat is
sustained as to claims 5-8, 11, and 20-23, and reversed as to
claim 19.
No time period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
PETER F. KRATZ )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ROMULO H. DELMENDO )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JAMES T. MOORE )
Administrative Patent Judge )
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