Ex parte EVANS et al. - Page 7




          Appeal No. 1997-3915                                                        
          Application No. 08/640,572                                                  


          discussion in the references of the dopants and their                       
          concentrations, nor to any disclosure regarding the shifts in               
          resistance, the examiner has failed to establish a prima facie              
          case of obviousness.  Consequently, we cannot sustain the                   
          obviousness rejection of claim 1.                                           
                                      CONCLUSION                                      
               The decision of the examiner rejecting claim 1 under                   
          35 U.S.C. § 103 is reversed.                                                
                                       REVERSED                                       




                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JERRY SMITH                   )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         ANITA PELLMAN GROSS           )                              
                         Administrative Patent Judge   )                              

          APG:clm                                                                     


                                          7                                           





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

Last modified: November 3, 2007