Appeal No. 2003-0786
Application 09/059,712
configuration in Grimm as to basically destroy that reference for
its intended purpose. Since we have determined that the
teachings and suggestions which would have been fairly derived
from Grimm and Dmitroff would not have made the subject matter as
a whole of claims 24 through 29, 34, 35, 37, 42 through 44, 46,
52 and 54 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)2.
In summary, since we have refused to sustain any of the
rejections before us on appeal, it follows that the decision of
2 Since we have concluded that the examiner has failed to
establish a prima facie case of obviousness with regard to the
claimed subject matter before us on appeal, we find it
unnecessary to comment on appellant’s evidence of secondary
considerations relating to long felt need, failure by others and
superior results.
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