Ex parte HIROO INABA - Page 5




          Appeal No. 96-2941                                                          
          Application 07/903,353                                                      

               Since the examiner has not established a prima facie case of           
          non-enablement, we find no need to evaluate appellants’                     
          declaration evidence of enablement.                                         
               In conclusion, based on the foregoing, the examiner’s                  
          decision rejecting the appealed claims is reversed.                         
                                      REVERSED                                        


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         JOHN D. SMITH                 ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         CHARLES F. WARREN             )                              
                         Administrative Patent Judge   )                              


















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