Appeal No. 2002-0019 Page 6
Application No. 08/517,949
drugs to raise antibodies for use in immunoassays for the drug of interest.” We
do not find this conclusion sufficient to establish a prima facie case of
obviousness. Instead, it begs the question, if Collins successfully produced
antibodies for use in immunoassays using the “linking groups” disclosed therein,
why modify the reference by using the “linking groups” set forth in the Buechler
patents? This question is left unanswered by the examiner. Therefore, we are
compelled to agree with appellants (Brief, page 9), “one skilled in the art would
not have been motivated to combine the cited references as suggested by the
[e]xaminer.” Stated differently, the examiner failed to provide the evidence
necessary to establish a prima facie case of obviousness.
Having determined that the examiner has not established a prima facie
case of obviousness, we find it unnecessary to discuss the Gordon and
Watlington Declarations, relied on by appellants to rebut any such prima facie
case.
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