Ex parte SUCIU et al. - Page 5

               Appeal No. 95-5092                                                                                                 
               Application 08/032,581                                                                                             


               However, appellants are under no burden of establishing criticality in the absence of a                            
               prima facie case of obviousness for the claimed invention.                                                         
                      The secondary references of Schlauch and Senda do not remedy the basic                                      
               deficiency of Aldrich discussed above.                                                                             
                      In conclusion, based on the foregoing, the examiner's decision rejecting the                                
               appealed claims is reversed.                                                                                       
                                                         REVERSED                                                                 




                              EDWARD C. KIMLIN                              )                                                     
                              Administrative Patent Judge                   )                                                     
                                                                            )                                                     
                                                                            )                                                     
                                                                            )   BOARD OF PATENT                                   
                              CHARLES F. WARREN                     )     APPEALS AND                                             
                              Administrative Patent Judge                   )    INTERFERENCES                                    
                                                                            )                                                     
                                                                            )                                                     
                                                                            )                                                     
                              TERRY J. OWENS                        )                                                             
                              Administrative Patent Judge                   )                                                     


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