Ex parte BERLIN et al. - Page 4




          Appeal No. 1997-1436                                       Page 4           
          Application No. 08/419,174                                                  


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejections, we make reference to the examiner's answer (Paper               
          No. 14, mailed June 27, 1996) and response to reply brief                   
          (Paper No. 16, mailed September 27, 1996) for the examiner's                
          complete reasoning in support of the rejections, and to the                 
          appellants' brief (Paper No. 13, filed May 6, 1996) and                     
          response to examiner's answer (i.e., reply brief) (Paper No.                
          15, filed August 27, 1996) for the appellants' arguments                    
          thereagainst.                                                               


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants' specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  Upon evaluation of all the evidence before us, it                
          is our conclusion that the evidence adduced by the examiner is              
          insufficient to establish a prima facie case of obviousness                 
          with respect to the claims under appeal.  Accordingly, we will              
          not sustain the examiner's rejection of claims 13 and 14 under              







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