Appeal No. 2003-1679 Page 9
Application No. 08/993,010
unlikely to be productive of the result sought by the applicant.” In re Gurley, 27
F.3d 551, 553, 31 USPQ2d 1130, 1131 (Fed. Cir. 1994). In our opinion, for the
reasons discussed above, both Figura and Xiang would have led a person of
ordinary skill in the art at the time the invention was made away from the simple
scheme discussed by Telford, and accordingly, away from appellants’ claimed
invention.
Accordingly, we reverse the rejection of claims 20-22 and 24 under 35
U.S.C. § 103 as being unpatentable over Figura in view of Xiang and Crabtree
and further in view of Telford.
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