Appeal No. 95-4747
Application No. 08/063,297
For the above reasons, we find that the examiner has not
set forth a factual basis which is sufficient to support a
conclusion of obviousness of appellant's claimed invention.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 2-4, 6-11, and 17-28 under 35 U.S.C. § 103 as being
unpatentable over any one of Sakai, Sasaki I or Sasaki II each
in view of Hayashi and Ishigaki 12-16 under 35 U.S.C. § 103 is
reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHUNG K. PAK ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
PETER F. KRATZ )
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