Appeal 2007-0457
Application 10/652,267
CONCLUSION OF LAW
On the record before us, Appellants have shown that the Examiner
has failed to establish that Boucher anticipates the claimed invention under
35 U.S.C. § 102(e). Further, Appellants have shown that the Examiner has
failed to establish that one of ordinary skill in the art at the time of the
present invention, would have concluded that Boucher renders the claimed
invention unpatentable under 35 U.S.C. § 103(a).
DECISION
We reverse the Examiner’s decision to reject claims 1 through 5 and 7
through 33 under 35 U.S.C. § 102(e) as being anticipated by Boucher. We
also reverse the Examiner’s decision to reject claim 6 under 35 U.S.C.
§ 103(a) as being unpatentable over Boucher.
REVERSED
rwk
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