Ex parte CICCOLLELLA et al. - Page 7




          Appeal No. 96-0456                                                          
          Application No. 08/072,654                                                  


          deficiencies in the factual basis for a Section 103 rejection.              
          GPAC at 1581, 35 USPQ2d at 1123.                                            
               We have carefully reviewed the other cited and applied                 
          prior art and we find therein no disclosure which would                     
          provide a factual basis or remedy the defects in this Section               
          103 rejection.                                                              
               In summary, we are reversing the rejections of all claims              
          on appeal for the reason that Burdick is non-analogous art and              
          cannot be properly considered pertinent prior art for a                     
          Section 103 rejection.  Even if Burdick could be considered                 
          pertinent prior art under Section 103, the examiner's findings              
          with respect to Burdick are not supported by the reference                  
          itself.                                                                     
               The rejections of the claims on appeal are reversed.                   












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