Appeal No. 2005-2573
Application 09/899,591
half-hard anodizing process of Schneeberger. Thus, because we determine that one of ordinary
skill in this art would not have been motivated to seal the hard anodic surface of the Arrowsmith
references, we have no basis to consider whether one of ordinary skill in the art would have a
reasonable expectation of success in doing so. See Brown & Williamson Tobacco Corp. v.
Phillip Morris Inc., 229 F.3d 1120, 1124-25, 56 USPQ2d 1456, 1459 (Fed. Cir. 2000), citing
In re Dow Chem. Co., 837 F.2d 469, 473, 5 USPQ2d 1529, 1531 (Fed. Cir. 1988).
Accordingly, on this record, we find that the examiner has not established a prima facie
case of obviousness based on the claimed invention encompassed by the appealed claims,
including all of the limitations thereof arranged as required therein, and therefore, we reverse the
grounds of rejection advanced on appeal.
The examiner’s decision is reversed.
Reversed
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