Appeal No. 2002-2201 Page 6
Application No. 09/699,539
to a casing glass spout tube interior would have been suggested
by the combined teachings of the references.
Accordingly, on this record, the rejection fails for lack of
a sufficient factual basis and analysis by the examiner upon
which to reach a conclusion of obviousness. See In re Fine,
837 F.2d 1071, 1073-74, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
CONCLUSION
The decision of the examiner to reject claims 17-24 under
35 U.S.C. § 103 as being unpatentable over Barkhau in view of
McCauley is reversed.
REVERSED
TERRY J. OWENS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
PETER F. KRATZ ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
ROMULO H. DELMENDO )
Administrative Patent Judge )
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