Appeal No. 1999-0963 10
Application No. 08/787,189
facts. “Where the legal conclusion [of obviousness] is not supported by [the] facts[,] it
cannot stand.” In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967), cert. denied, 389 U.S. 1057 (1968), reh’g denied, 390 U.S. 1000 (1968).
Accordingly, the examiner has not established a prima facie case of obviousness.
DECISION
The rejection of claim 23 under 35 U. S. C. § 112, first paragraph, as containing
subject matter which was not described in the specification in such a way as to reasonably
convey to one skilled in the relevant art that the inventors, at the time the application was
filed, had possession of the claimed invention is affirmed.
The rejection of claims 1 through 4, 6, 7, 9, 10 and 12 through 15 and
17 under 35 U.S.C. § 102(b) as being anticipated by, or in the alternative under
35 U.S.C. § 103(a) as obvious over Ugelstad is affirmed.
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