Ex parte GRAOPSKI et al. - Page 7




          Appeal No. 1996-1792                                       Page 7           
          Application No. 08/220,244                                                  


               In our view, the examiner's stated rejections fall                     
          significantly short of presenting a prima facie case of                     
          obviousness for the reasons set forth above.                                
               Since we find that the examiner has not established a                  
          prima facie case of obviousness, we need not reach the issue of             
          the sufficiency of the showing of the secondary evidence                    
          furnished by appellants.  See In re Geiger, 815 F.2d 686, 688,              
          2 USPQ2d 1276, 1278 (Fed. Cir. 1987).                                       
               Accordingly, we will not sustain the examiner's § 103                  
          rejections.                                                                 


























Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007