Ex parte Hillyer

Case Number: CLB0032

Date: 03.21.2003

Citation: 68 U.S.P.Q.2d 1222 (Bd. Pat. App. & Inter. 2003)

In this nonprecedential opinion the Board reverses examiner’s § 103 rejection stating that the prior art references do not sustain a prima facie case of obviousness. Further the Board explains that at best the references satisfies an “obvious to try” standard, which is insufficient for conclusion of obviousness.

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