Appeal No. 2004-0340 Page 8
Application No. 09/847,121
Summary
The examiner has not adequately explained why Riley would have
suggested, to a person skilled in the art, a single composition combining the
components of the prior art’s Modules 1 and 3. In the absence of such a
suggestion, the reference does not support a prima facie case of obviousness.
The rejection under 35 U.S.C. § 103 is reversed.
REVERSED
Demetra J. Mills )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Eric Grimes )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
EG/dym
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