Appeal No. 2005-0784
Application No. 10/138,315
The foregoing circumstances lead us to the conviction that
the examiner has failed to carry his burden of establishing a
prima facie case of obviousness with respect to the method
defined by appealed independent claim 26. See In re Oetiker, 977
F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). It
follows that we cannot sustain the examiner’s section 103
rejection of claims 26-30 as being unpatentable over Lyon in view
of DeLise.
The decision of the examiner is reversed.
REVERSED
Edward C. Kimlin )
Administrative Patent Judge )
)
)
)
Bradley R. Garris ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Chung K. Pak )
Administrative Patent Judge )
BRG/tdl
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