Ex parte BARGELE et al. - Page 4




          Appeal No. 97-3752                                         Page 4           
          Application No. 08/293,322                                                  


          rejections, we make reference to the final rejection (Paper                 
          No. 8, mailed June 23, 1995) and the examiner's answer (Paper               
          No. 16, mailed August 1, 1996) for the examiner's complete                  
          reasoning in support of the rejections, and to the appellants'              
          brief (Paper No. 15, filed April 23, 1996) and reply brief                  
          (Paper No. 17, filed October 1, 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 the claims under appeal.  Accordingly, we will              
          not sustain the examiner's rejection of claims 1 through 18                 
          under                                                                       
          35 U.S.C. § 103.  Our reasoning for this determination                      
          follows.                                                                    







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