Appeal No. 2003-0564 Page 7
Application No. 08/964,498
criteria. Therefore, the examiner has not shown that the references would have
suggested combining Howes’ polymers with Holmes-Farley’s method, in the
manner required to yield the presently claimed invention. The rejection under
35 U.S.C. § 103 is reversed.
Summary
The references cited by the examiner, viewed without the benefit of
hindsight, would not have suggested the method claimed by Appellants. We
therefore reverse the rejection under 35 U.S.C. § 103.
REVERSED
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Toni R. Scheiner )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
EG/dym
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