Appeal No. 2004-0825
Application 09/954,786
combination of Brown and Bond “would defeat the intended purpose
of Brown, namely, to form non-toxic fishing devices having
performance characteristics substantially the same as lead”
(brief, page 16; emphasis deleted). On the other hand, the
previously mentioned disclosures of Brown (e.g., again see patent
claims 1/8 and 1/9) evince that the specific bismuth:tin alloy
disclosed by Bond would be imminently suitable for the purposes
envisioned by Brown.
In summary, the examiner has established a prima facie
case of unpatentability with respect to each of the rejections
advanced on this appeal which the appellants have failed to
successfully rebut with argument and/or evidence of patent-
ability. As a consequence, we have sustained each of the § 102
and § 103 rejections before us. See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
The decision of the examiner is affirmed.
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