Ex Parte BOWEN et al - Page 6


               Appeal No. 2001-2503                                                                                               
               Application No. 09/075,767                                                                                         
               (“Where, as here, the prior art disclosure suggests the outer limits of the range of suitable values,              
               and the optimum resides within that range, and where there are indications elsewhere that in fact                  
               the optimum should be sought within that range, the determination of optimum values outside                        
               that range may not be obvious.”).                                                                                  
                                                        CONCLUSION                                                                
                      For the reasons set forth above and in the Brief, we agree with appellants that the                         
               examiner has not presented a prima facie case of unpatentability. Accordingly, the decision of                     
               the examiner is reversed.                                                                                          


                                                          REVERSED                                                                




                                      CHUNG K. PAK                                  )                                             
                                      Administrative Patent Judge                   )                                             
                                                                                    )                                             
                                                                                    )  BOARD OF PATENT                            
                                      THOMAS WALTZ                                  )            APPEALS                          
                                      Administrative Patent Judge                   )      AND                                    
                                                                                    )     INTERFERENCES                           
                                                                                    )                                             
                                                                                    )                                             
                                      JEFFREY SMITH                                 )                                             
                                      Administrative Patent Judge                   )                                             






               CP/dal                                                                                                             



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