Appeal No. 1998-2710
Application 08/582,045
Rather than repeat the positions and the arguments of
Appellants and the Examiner, we make reference to the briefs2
and the answer for the respective positions.
OPINION
We have considered the rejection advanced by the
Examiner. We have, likewise, reviewed Appellants' arguments
against the rejections as set forth in the briefs.
It's our view, after consideration of the record before
us, that the rejections under 35 U.S.C. § 103 are not proper.
Accordingly, we reverse.
At the outset we note that Appellants have elected, brief
at page 7, claims 1, 3-6, 8-15, 18, 19, and 25 as Group 1, and
claims 8, 11, 18, and 19 as Group 2.
Analysis
Before we discuss the two groups of claims, we give below
the guidelines under 35 U.S.C. § 103 for our deliberations.
In our analysis, we are guided by the general proposition
that in an appeal involving a rejection under 35 U.S.C. § 103,
an Examiner is under a burden to make out a prima facie case
2 A Reply was filed as Paper No. 29 and was entered into
the record, Paper No. 30.
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