Appeal No. 2004-1178
Application No. 09/655,899
Since we reverse for the lack of the presentation of a prima facie
case of obviousness by the Examiner, we need not reach the issue of the
sufficiency of the rebuttal evidence presented in the specification. See
In re Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276, 1278 (Fed. Cir. 1987).
CONCLUSION
The rejections claims 1 to 12 under 35 U.S.C. § 102(b) as anticipated
by or in the alternative under 35 U.S.C. § 103(a) as obvious over Williams,
Terada, Babcock ‘018, Babcock ‘365, Patel ‘797, Patel ‘786 or JP’456 are
reversed.
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