Appeal No. 2002-2281 Page 5
Application No. 08/302,423
from the cited references, not from the application’s disclosure. See In re Dow
Chem. Co., 837 F.2d 469, 473, 5 USPQ2d 1529, 1531 (Fed. Cir. 1988).
On reflection it is our opinion that the examiner failed to meet her burden
of providing the evidence necessary to establish a prima facie case of
obviousness. Accordingly, we reverse the rejection of claim 10-13 under
35 U.S.C. § 103 as obvious over any one of Sato, Une or Lawton in view of
Brubaker and Nilsson.
REVERSED
)
Donald E. Adams )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
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