Ex Parte COGEN et al - Page 8

          Appeal No. 2001-0752                                                        
          Application 09/084,680                                                      


                    Accordingly, we conclude that the examiner has failed             
          to establish a prima facie case of obviousness and the rejection            
          is reversed.  Because we reverse for failure to establish a prima           
          facie case of obviousness, we need not consider appellants’                 
          evidence of unexpected results.  See id., 837 F.2d at 1076,                 
          5 USPQ2d at 1600.                                                           


                                      REVERSED                                        
                                                                                     


                         WILLIAM F. SMITH              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         BEVERLY PAWLIKOWSKI           )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         LINDA R. POTEATE              )                              
                         Administrative Patent Judge   )                              
          LRP:psb                                                                     
                                          8                                           




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