Appeal No. 2004-0339 Page 6
Application No. 09/462,678
In our judgment, the only reason or suggestion to modify the references in the
manner proposed by the examiner comes from appellants’ specification. Accordingly,
we find that the examiner’s initial burden of establishing a prima facie case of
obviousness has not been met, and both of the rejections of the claims under 35 U.S.C.
§ 103 are reversed.2
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
)
Toni R. Scheiner ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
)
Demetra J. Mills )
Administrative Patent Judge )
2 Having found that the examiner has not established a prima facie case of
obviousness, we find it unnecessary to address the declaration of Dr. Hageman
(submitted November 5, 2002).
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