Appeal No. 2002-0755 Page 6
Application No. 08/999,803
our view that the examiner has not discharged the burden of
establishing a prima facie case of obviousness with respect to
the subject matter defined by the appealed claims.
CONCLUSION
The decision of the examiner to reject claims 2-4, 8-11 and
14 under 35 U.S.C. § 103 as being unpatentable over Thigpen in
view of Berner is reversed.
REVERSED
CHUNG K. PAK )
Administrative Patent Judge )
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)
)
) BOARD OF PATENT
PETER F. KRATZ ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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)
JEFFREY T. SMITH )
Administrative Patent Judge )
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