Ex Parte BRANCH et al - Page 5

          Appeal No. 1999-2163                                                       
          Application 08/950,524                                                     

          2002)(“This factual question of motivation is material to                  
          patentability, and could not be resolved on subjective belief and          
          unknown authority.”).                                                      
               For the foregoing reasons and those set forth in the Brief,           
          we determine that the examiner has failed to establish a prima             
          facie case of obviousness in view of the reference evidence.               
          Accordingly, we cannot sustain the examiner’s rejection of the             
          claims on appeal.                                                          
               The decision of the examiner is reversed.                             
          REVERSED                                                                   



                         CHUNG K. PAK                 )                              
                         Administrative Patent Judge  )                              
                                                      )                              
                                                      )                              
                                                      ) BOARD OF PATENT              
                         CHARLES F. WARREN            )                              
                         Administrative Patent Judge  )   APPEALS AND                
                                                      )                              
                                                      ) INTERFERENCES                
                                                      )                              
                         THOMAS A. WALTZ              )                              
                         Administrative Patent Judge  )                              


          TAW:pgg                                                                    
                                          5                                          




Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November  3, 2007