Appeal No. 2002-0677
Application 09/257,899
The examiner, therefore, has not carried the burden of
establishing a prima facie case of obviousness of the method
recited in any of the appellant’s claims.3 Accordingly, we
reverse the examiner’s rejection.
DECISION
The rejection under 35 U.S.C. § 103 as being obvious over
the combination of Hirota, Ko, Fazan and the appellant’s admitted
prior art is reversed.
REVERSED
)
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
TERRY J. OWENS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
ROMULO H. DELMENDO )
Administrative Patent Judge )
3 Ko and the appellant’s admitted prior art are not relied
upon by the examiner for a teaching which remedies the above-
discussed deficiency in Hirota and Fazan.
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