Ex Parte PROKOP - Page 5




               Appeal No. 2003–0681                                                                             Page 5                 
               Application No. 09/169,459                                                                                              


                       We conclude that the Examiner has failed to establish a prima facie case of obviousness                         
               with regard to the subject matter of claims 1-3, 6-11, 13, 15, and 30.                                                  


                                                          CONCLUSION                                                                   
                       To summarize, the decision of the Examiner to reject claims 1-3, 6-11, 13, 15, and 30                           
               under 35 U.S.C. § 103(a) is reversed.                                                                                   
                                                            REVERSED                                                                   




                                       WILLIAM F. SMITH                                )                                               
                                       Administrative Patent Judge                     )                                               
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                                                                                       ) BOARD OF PATENT                               
                                       CATHERINE TIMM                                  )     APPEALS                                   
                                       Administrative Patent Judge                     )       AND                                     
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                                       ERIC GRIMES                                     )                                               
                                       Administrative Patent Judge                     )                                               
               CT/jrg                                                                                                                  











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