Ex parte NEMEGEER et al. - Page 4




          Appeal No. 97-2557                                         Page 4           
          Application No. 08/453,829                                                  


          25, 1995 (Paper No. 14), the examiner's answer (Paper No. 17,               
          mailed April 17, 1996) and the supplemental examiner's answer               
          (Paper No. 20, mailed August 13, 1996) for the examiner's                   
          complete reasoning in support of the rejections, and to the                 
          appellants' brief (Paper No. 16, filed December 26, 1995), reply            
          brief (Paper No. 18, filed June 17, 1996) and supplemental reply            
          brief (Paper No. 21, filed October 9, 1996) for the appellants'             
          arguments thereagainst.                                                     


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants' specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  Upon evaluation of all the evidence before us, it is             
          our conclusion that the evidence adduced by the examiner is                 
          insufficient to establish a prima facie case of obviousness with            
          respect to any of the claims under appeal.  Accordingly, we will            
          not sustain the examiner's rejection of claims 1 through 25 under           
          35 U.S.C. § 103.  Our reasoning for this determination follows.             











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007