Appeal No. 1999-0697 Page 3
Application No. 08/743,151
a thermoplastic polymeric material, selected from the
group consisting of hydrocarbon resin and copolymers of
ethylene and vinyl acetate.
The sole prior art references of record relied upon by
the
examiner in rejecting the appealed claims is:
Laumann 3,950,578 Apr. 13,
1978
Claims 1-24 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Laumann.
OPINION
Upon careful review of the entire record including the
respective positions advanced by appellant and the examiner,
we find ourselves in agreement with appellant that the
examiner has failed to carry the burden of establishing a
prima facie case of obviousness. See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992); In re
Piasecki, 745 F.2d 1468, 1471-1472, 223 USPQ 785, 787-788
(Fed. Cir. 1984). Accordingly, we will not sustain the
examiner's rejection.
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