Appeal No. 2002-1079
Application No. 09/124,540
to set forth a prima facie case for unpatentability of the claim. Moreover, the rejection,
by its terms, relies to some extent on the erroneous rejection of claim 1.
Since Malone, as applied to dependent claims 4 and 14 in the section 103
rejection, fails to remedy the deficiencies in the rejection against the subject matter of
the independent claims, we do not sustain either ground of rejection.
CONCLUSION
The rejection of claims 1-20 under 35 U.S.C. § 102 or 103 over Malone is
reversed.
REVERSED
MICHAEL R. FLEMING )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOSEPH L. DIXON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
HOWARD B. BLANKENSHIP )
Administrative Patent Judge )
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