Tuesday, October 29, 2013

Kaufmann wins appeal on obviousness

from Ex parte Kaufmann

There was a lack of a factual basis for a prima facie case:

Thus, the Examiner has not provided an adequate factual basis for supporting a prima facie case of obviousness of the Appellants’ claimed invention. See In re Warner, 379 F.2d 1011, 1017 (CCPA 1967) (“A rejection based on section 103 clearly must rest on a factual basis”).


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