Appeal No. 1997-1766
Application No. 08/245,033
Ogawa in view of Kitagishi '602, Yamazaki and Maruyama. Claim
7 stands rejected under 35 U.S.C. § 103 as being unpatentable
over Ogawa in view of Kitagishi '602, Yamazaki, Maruyama and
Kitagishi '868.
Rather than reiterate the arguments of Appellant and the
Examiner, reference is made to the briefs and answers for the 1 2
respective details thereof.
OPINION
We will not sustain the rejection of claims 1, 4, 7, 8
and 20 under 35 U.S.C. § 103.
The Examiner has failed to set forth a prima facie case.
It is the burden of the Examiner to establish why one having
1Appellant filed an appeal brief on September 12, 1996.
Appellant filed a reply brief in response to the new ground of
rejection set forth in the Examiner's answer on February 11,
1997. The Examiner enters this reply brief and responded with
an Examiner's answer on May 8, 2000. Appellant filed a second
reply brief on July 10, 2000. On August 11, 2000, the
Examiner mailed an office communication stating that the
second reply brief has been considered but no further response
by the Examiner is deemed necessary.
2The Examiner filed an Examiner's answer with a new
ground of rejection on December 11, 1996. In response to
Appellant's reply brief responding to the new ground of
rejection, the Examiner filed a supplemental Examiner's answer
on May 8, 2000.
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