Appeal 2007-0559
Application 10/037,659
TORCZON, Administrative Patent Judge, concurring in result.
It is appropriate to observe that reversal of a rejection is not the same as
holding the claims to be patentable. The key problem with the rejection stems
from the examiner's choice to pursue an anticipation theory based on a strained
reading of the reference. In obviousness law, it is commonplace that combination
of two things typically used together into a single thing is obvious unless the
applicant can show secondary considerations rebutting the apparent obviousness.
See, e.g., Anderson's-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57
(1969); Richardson-Vicks Inc. v. Upjohn Co., 122 F.3d 1476, 44 USPQ2d 1181
(Fed. Cir. 1997).
hlj
Erin C. Ming
SAWYER LAW GROUP LLP
Embarcadero Corporate Center
2465 E. Bayshore Road, Suite 406
Palo Alto, California 94303
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