Appeal No. 2004-1701
Application No. 09/697,647 Page 5
applied references so as to arrive at the claimed subject matter
with a reasonable expectation of success in so doing. In this
context, the examiner's rejection falls short in not identifying
a convincing and particularized suggestion, reason or motivation
to combine the references or make the proposed modification in a
manner so as to arrive at the claimed invention. See In re
Rouffet, 149 F.3d 1350, 1359, 47 USPQ2d 1453, 1459 (Fed. Cir.
1998).
For the foregoing reasons, we determine that the examiner
has not established a prima facie case of obviousness in view of
the reference evidence.
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