Ex parte KODAIRA et al. - Page 3
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Appeal No. 1999-2000
Application 08/859,494
Claims 44 through 47 are rejected under 35 U.S.C. § 103
as being unpatentable over Appellants’ prior art figure 7,
Fisher and Asano.
Rather than reiterate the arguments of the Appellants and
the Examiner, reference is made to the briefs and answer for 1
the respective details thereof.
OPINION
We will not sustain the rejection of claims 44 through 47
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
ordinary skill in the art would have been led to the claimed
invention by the express teachings or suggestions found in the
prior art, or by implications contained in such teachings or
1 Appellants filed an appeal brief on March 5, 1999.
Appellants filed a reply brief on June 16, 1999. The Examiner
mailed an office communication on September 2, 1999 stating
that the reply brief has been entered and considered.
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