Appeal 2007-2137
Application 10/472,911
To reach the ultimate conclusion of obviousness, the Examiner must
set aside the initial conclusion of prima facie obviousness and reevaluate all
the evidence anew under the requirements of 35 U.S.C. § 103(a). In re
Johnson, 747 F.2d 1456, 1460 (Fed. Cir. 1984). The Examiner should also
keep in mind that “[a]lthough secondary considerations must be taken into
account, they do not necessarily control the obviousness conclusion.”
Pfizer, Inc. v. Apotex, Inc., 480 F.3d at 1372.
We remand this application to the Examiner so that the Examiner may
evaluate the issue of obviousness.
III. DECISION
The decision of the Examiner is reversed and the Application
remanded to the Examiner.
REVERSED and REMANDED
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