Appeal No. 2005-0616 Page 15
Application No. 09/661,653
prior art for a person of ordinary skill in the art at the time the invention was made to
have modified Kocher so as to arrive at the claimed subject matter. While each element
of the claimed invention may well be found in the applied prior art, such is insufficient to
defeat patentability of the claimed invention absent some motivation, suggestion or
teaching of the desirability of making the specific combination that was made by the
appellant. In this case, it is our view that there is none.
For the reasons set forth above, the decision of the examiner to reject claims 1
and 9, and claims 3 to 5 dependent thereon, under 35 U.S.C. § 103 is reversed.
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