Appeal No. 2003-2139 Page 9
Application No. 09/812,945
On this record, the examiner did not provide the factual evidence necessary to
establish that either reference discloses or suggests the elected species that is a
requirement of every claim.
Accordingly, we reverse the rejection of claims 1, 2, 4-7, 10, 12, 17, 18,
and 40-46 under 35 U.S.C. § 103 as being unpatentable over Richon and Marks.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Toni R. Scheiner )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Donald E. Adams )
Administrative Patent Judge )
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