Ex parte FUKUMOTO et al. - Page 9




           Appeal No. 1999-0424                                                                  
           Application 08/298,552                                                                


           in the examiner having failed to establish a prima facie case                         
           of obviousness.  Accordingly, we do not sustain the rejection                         
           of independent claims 26 and 32.  Since the rejection of the                          
           independent claims is not proper, the rejection of the                                
           dependent claims based on Prince taken alone is also not                              
           proper.  Since neither Kramer nor Suzuki overcomes the basic                          
           deficiencies in the Prince reference, the rejection of claims                         
           14-17 using these additional teachings is also not sustained.                         
           In summary, we have not sustained any of the                                          
           examiner’s rejections of the claims on appeal.  Therefore, the                        
           decision of the examiner rejecting claims 2, 3, 8, 9, 11-17,                          
           21, 23, 24, 26, 30 and 32 is reversed.                                                
           REVERSED                                                                              




                            JERRY SMITH                       )                                  
                            Administrative Patent Judge       )                                  
                                                             )                                  
                                                             )                                  
                                                             )                                  
                            PARSHOTAM S. LALL                 )  BOARD OF PATENT                 
                            Administrative Patent Judge       )  APPEALS AND                     
                                                             )  INTERFERENCES                   
                                                             )                                  
                                                             )                                  
                            JOSEPH L. DIXON                   )                                  
                                              -9-                                                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007