Ex Parte TESHIMA et al - Page 6

                Appeal No. 2001-1160                                                  Page 6                  
                Application No. 08/479,977                                                                    

                                                  Summary                                                     
                      “[T]he conclusion of obviousness vel non is based on the preponderance                  
                of evidence and argument in the record.”  In re Oetiker, 977 F.2d 1443, 1446,                 
                24 USPQ2d 1443,1445 (Fed. Cir. 1992).  Since the examiner has not disputed                    
                Appellants’ evidence of unexpected results, we agree with Appellants that the                 
                § 103 rejection is not supported by the weight of the evidence and must be                    
                reversed.                                                                                     


                                                 REVERSED                                                     



                                   William F. Smith               )                                          
                                   Administrative Patent Judge     )                                          
                                                                   )                                          
                                                                   )                                          
                                                                   ) BOARD OF PATENT                          
                                   Toni R. Scheiner               )                                          
                                   Administrative Patent Judge     )   APPEALS AND                            
                                                                   )                                          
                                                                   ) INTERFERENCES                            
                                                                   )                                          
                                   Eric Grimes                    )                                          
                                   Administrative Patent Judge     )                                          







                EG/dym                                                                                        







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