Ex Parte SANDERS et al - Page 7




          Appeal No. 2003-0239                                                        
          Application 09/382,437                                                      


          In light of the foregoing, it is our determination that the                 
          examiner has failed to establish a prima facie case of                      
          obviousness, and for that reason we will not sustain the                    
          examiner’s rejection of claims 1 and 9 through 12 under 35 U.S.C.           
          § 103(a).                                                                   


          The decision of the examiner to reject claims 1 and 9                       
          through 12 of the present application under 35 U.S.C. § 103(a),             
          accordingly, is reversed.                                                   


                                      REVERSED                                        






                         CHARLES E. FRANKFORT          )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         LAWRENCE J. STAAB             )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         JEFFREY V. NASE               )                              
                         Administrative Patent Judge   )                              
          CEF:pgg                                                                     

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