Ex parte MATSUMOTO et al. - Page 4




          Appeal No. 96-0626                                                          
          Application 08/187,328                                                      


          35 U.S.C. § 103 as being unpatentable over Suyama in view of                
          Hayashi.                                                                    
                    Claims 1, 2, 4, 5, 12 and 13 stand rejected under                 
          35 U.S.C. § 103 as being unpatentable over Appellants'                      
          admitted prior art in view of Nakamura.                                     
                    Claims 1, 2, 4, 5, 7-10, 12 and 13 stand rejected                 
          under 35 U.S.C. § 103 as being unpatentable over Suyama in                  
          view of Nakamura.                                                           
                    Rather than reiterate the arguments of Appellants                 
          and the Examiner, reference is made to the briefs and answer                
          for the respective details thereof.                                         


                                       OPINION                                        
                    We will not sustain the Examiner's rejection of                   
          claims 1 through 13 under 35 U.S.C. § 103.                                  
                    The Examiner has failed to set forth a prima facie                
          case.  It is the burden of the Examiner to establish why one                
          having ordinary skill in the art would have been led to the                 
          claimed invention by the reasonable teachings or suggestions                
          found in the prior art, or by a reasonable inference to the                 
          artisan contained in such teachings or suggestions.  In re                  
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