Appeal No. 2003-0399
Application No. 08/774,150
Since we have determined that the teachings and suggestions
which would have been fairly derived from a collective
consideration of Stanley and Johnston would not have made the
subject matter as a whole of claims 9 through 14 on appeal
obvious to one of ordinary skill in the art at the time of
appellant's invention, we must refuse to sustain the examiner's
rejection of those claims under 35 U.S.C. § 103(a).
In light of the foregoing, the decision of the examiner to
reject claims 9 through 14 under 35 U.S.C. § 103(a) is reversed.
REVERSED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHARLES E. FRANKFORT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JENNIFER D. BAHR )
Administrative Patent Judge )
CEF/lbg
77
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