Appeal No. 2001-0376
Application No. 08/780,204
derivative of this function, each of the independent claims requires the final step of
“investigating spikes in said second derivative plot.” Clearly, there is no evidence of
record in this case that any advantage is to be obtained by such an investigation of
spikes in the second derivative plot or that such spikes are indicative of anything
relating to switches or the testing thereof.
Since we find that the examiner has failed to establish a prima facie case of
obviousness with regard to the instant claimed subject matter, we will not sustain the
rejection of claims 1-6 and 8 under 35 U.S.C. § 103.
The examiner’s decision is reversed.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
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)
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) BOARD OF PATENT
ERROL A. KRASS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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JERRY SMITH )
Administrative Patent Judge )
eak/vsh
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