Ex parte REYES et al. - Page 6

              Appeal No. 94-0120                                                                                          
              Application 07/208,512                                                                                      


              § 7(b) ( “The [board] shall . . . review adverse decisions of examiners upon applications for               
              patents . . . .“)  Here, the examiner has failed to present a statement of rejection for the                
              broadest claim pending which is susceptible to a meaningful review.  It is the examiner’s                   
              initial burden to establish reasons of unpatentability.  In re Oetiker, 977 F.2d 1443, 1446,                
              24 USPQ2d 1443, 1445 (Fed. Cir. 1992).   The examiner has failed to do so here.                             
              Accordingly, the decision of the examiner is reversed.                                                      
                                                      REVERSED                                                            










              SHERMAN D. WINTERS          )                                                                               
                     Administrative Patent Judge      )                                                                   
                            )                                                                                             
                                                         )                                                                
                                                         )                                                                
                            WILLIAM F. SMITH                   ) BOARD OF PATENT                                          
                            Administrative Patent Judge     )   APPEALS AND                                               
                                                         )  INTERFERENCES                                                 
                                                         )                                                                
                                                         )                                                                
                     FRED E. McKELVEY, Senior    )                                                                        
                            Administrative Patent Judge     )                                                             
                                                                                                                         


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