Ex parte VALIULIS - Page 5




          Appeal No. 2000-1665                                                        
          Application 08/752,529                                                      


          rejections and to the main and reply briefs (Paper Nos. 27 and              
          29) for appellant's arguments thereagainst.                                 


          OPINION                                                                     


          In arriving at our decision on the obviousness issues                       
          raised in this appeal, we have given careful consideration to               
          the entire record of appellant's application, including the                 
          specification and claims, the teachings of the applied prior                
          art references, the evidence of non-obviousness supplied by                 
          appellant, and the respective positions advanced by appellant               
          and the examiner.  Upon evaluation of the reference evidence                
          before us, it is our initial conclusion that the examiner has               
          established a prima facie case of obviousness with regard to                
          claims 1, 2, 4 through 8, 12 through 17, 19 through 32 and 35               
          on appeal based on the combined teachings of Thalenfeld and                 
          Petrou.  However, it is our further conclusion, after                       
          consideration of all of the evidence before us, that                        
          appellant's objective evidence of non-obviousness outweighs                 
          the evidence of obviousness presented by the examiner, and,                 


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