Appeal No. 2005-0374 Page 7
Application No. 09/891,780
the hydrogen fluoride is a sufficient suggestion to support a prima facie case of obviousness of a
claim directed to evaporating hydrogen fluoride at 40° C to 60° C.
The Examiner has sufficiently established the unpatentability of claim 1. Claims 2-4
stand or fall with claim 1, therefore, we need not discuss the Admitted Prior Art which the
Examiner relied upon to establish the obviousness of claim 3. We conclude that the Examiner
has established unpatentability with respect to the subject matter of claims 1-4 which has not
been sufficiently rebutted by Appellants.
CONCLUSION
To summarize, the decision of the Examiner to reject claims 1, 2, and 4 under 35 U.S.C.
§ 102(b) and the decision of the Examiner to reject claims 1-4 under 35 U.S.C.
§ 103(a) is affirmed.
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