Ex parte MUELLER - Page 2

                Appeal No. 1997-1940                                                                                                     
                Application 08/396,354                                                                                                   

                and under 35 U.S.C. § 103 as being unpatentable over Mueller.3  For the reasons pointed out by                           
                appellant in the brief, the examiner has failed to make out a prima facie case with respect to both                      
                grounds of rejection.                                                                                                    
                        The examiner’s decision is reversed.                                                                             
                                                               Reversed                                                                  











                                        CHUNG K. PAK                                    )                                                
                                        Administrative Patent Judge                     )                                                
                                                                                        )                                                
                                                                                        )                                                
                                                                                        )                                                
                                        CHARLES F. WARREN                               )   BOARD OF PATENT                              
                                        Administrative Patent Judge                     )        APPEALS AND                             
                                                                                        )      INTERFERENCES                             
                                                                                        )                                                
                                                                                        )                                                
                                        TERRY J. OWENS                                  )                                                
                                        Administrative Patent Judge                     )                                                









                                                                                                                                         
                3  Answer, pages 3-5.                                                                                                    

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