Appeal No. 2003-1622
Application No. 09/146,529
cannot sustain the rejection under 35 USC § 103 since the examiner has not
established a prima facie case of obviousness of independent claims 1, 14, and 21,
and their dependent claims.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1-25 under
35 U.S.C. § 112, second paragraph is reversed, the decision of the examiner to reject
claims 1-25 under 35 U.S.C. § 112, first paragraph is reversed, and the decision of the
examiner to reject claims 1-25 under 35 U.S.C. § 102 or in the alternative 35 USC
§ 103 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JERRY SMITH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JOSEPH L. DIXON )
Administrative Patent Judge )
JD/RWK
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