Appeal No. 2001-1221 Page 5
Application No. 08/442,957
factors. In our judgment, the examiner=s rejections are improperly based on a per se
rule of obviousness, rather than on any reason or suggestion in Teutsch or Loozen to
select the claimed species and subgenus from the generic formulas described therein.
Accordingly, the examiner has not established a prima facie case of obviousness, and
the rejections of claims 15 and 19 are reversed.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
)
Toni R. Scheiner ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
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)
)
Donald E. Adams )
Administrative Patent Judge )
Charles A. Muserlian
Bierman and Muserlian
600 Third Avenue
New York, NY 10016
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