Appeal No. 1997-1307
Application No. 08/014,012
Where the examiner fails to establish a prima facie case, the rejection is
improper and will be overturned. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596,
1598 (Fed. Cir. 1988). Accordingly, we reverse the examiner’s rejection of claims
15-18 and 20-24 are rejected under 35 U.S.C. § 103 as being unpatentable over
the combined teachings of Tsukagoshi, Weng and Hosaka, taken in view of
Gennari, Nudler and SIGMA.
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