Ex parte UTTER et al. - Page 2




          Appeal No. 97-0745                                                          
          Application No. 08/355,886                                                  


          subject matter before us on appeal is illustrated by reference to           
          claim 1, which has been reproduced in an appendix to the                    
          appellants’ Brief.                                                          


                                    THE REFERENCE                                     
               The reference relied upon by the examiner to support the               
          final rejection is:                                                         
          Ahn et al. (Ahn)         4,803,110                Feb. 7, 1989              


                                    THE REJECTION                                     
               Claims 1 through 5 stand rejected under 35 U.S.C. § 103 as             
          being unpatentable over Ahn.                                                
               The rejection is explained in the Examiner's Answer.                   
               The opposing viewpoints of the appellants are set forth in             
          the Brief and the Reply Brief.                                              


                                       OPINION                                        
               The examiner has taken the position that the claims are                
          unpatentable under 35 U.S.C. § 103.  We have evaluated this                 
          rejection on the basis of the following guidelines provided by              
          our reviewing court.  The examiner bears the initial burden of              
          presenting a prima facie case of obviousness (see In re                     

                                          2                                           





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007