Ex Parte CRONIN et al - Page 8



          Appeal No. 2000-1402                                                        
          Application No. 08/755,052                                                  

          the first wire than the second wire and for transmitting                    
          electrical current at a lower resistance in the second wire than            
          the first wire to achieve the array required in the art.                    
          Further, the claimed method is very commonly known method [sic]             
          to make wiring structure of the sort here involved” [answer-pages           
          4-5].                                                                       
               We will not sustain the rejection of claims 3, 7-9 and 13-15           
          under 35 U.S.C. 103 because, in our view, the examiner has not              
          established a prima facie case of obviousness with regard to the            
          instant claimed subject matter.                                             
               Claims 3 and 13-15 require a specific configuration                    
          regarding transmission of electrical currents at relative                   
          capacitances and relative resistances with regard to the first              
          and second planar wires.  While the claimed configuration may,              
          indeed, be obvious, within the meaning of 35 U.S.C. 103, the                
          examiner’s mere allegation that it is so, without evidence to               
          support such an allegation, will not support a rejection based on           
          35 U.S.C. 103.                                                              











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