Appeal No. 2003-0362
Application 09/439,973
likelihood of success, viewed in light of the prior art. [Citations omitted] Both the suggestion and
the expectation of success must be founded in the prior art, not in the applicant’s disclosure.”).
Indeed, at best, the combination of Takado and von Bonin would have reasonably
suggested to one of ordinary skill in this art to coat the plastic tank of Takado with the
intumescent mass of von Bonin, which, of course, does not result in appellant’s claimed
invention. See Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044, 1050-54, 5 USPQ2d 1434,
1438-41 (Fed. Cir.).
The examiner’s decision is reversed.
Reversed
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
THOMAS A. WALTZ )
Administrative Patent Judge )
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