Appeal No. 2002-0467
Application No. 08/824,153
obvious. However, the examiner must still show a motivation or
suggestion to modify the disclosure of this single reference. See
B.F. Goodrich Co. v. Aircraft Braking Sys. Corp., 72 F.3d 1577,
1582, 37 USPQ2d 1314, 1318 (Fed. Cir. 1996). On this record, the
examiner has failed to provide any convincing motivation,
suggestion or teaching to show why one of ordinary skill in this
art would not recycle the separated fluids as taught by Schucker,
whether these fluids were impure or “free of contaminants.”
For the foregoing reasons and those stated in the Brief, Reply
Brief, and Reply to Examiner’s Communication, we determine that the
examiner has failed to establish a prima facie case of obviousness
in view of the reference evidence. Accordingly, we reverse the
examiner’s rejection of the claims on appeal under 35 U.S.C.
§ 103(a) over Schucker.
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