Appeal No. 1997-3040
Application No. 08/477,729
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we find
ourselves in agreement with appellants that the prior art
cited by the examiner fails to establish a prima facie case of
obviousness for the claimed subject matter. Accordingly, we
will not sustain the examiner's rejections.
Inasmuch as the issues on appeal are essentially the same
as those before the Board in the related application mentioned
above (Appeal No. 96-2721), we will reverse the examiner's
rejections for the same reasons set forth in our opinion in
the related appeal, which decision we incorporate herein.
In conclusion, the examiner's decision rejecting the
appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
TERRY J. OWENS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
CAROL A. SPIEGEL )
Administrative Patent Judge )
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