Ex Parte Fukuda - Page 7




          Appeal No. 2003-1690                                                        
          Application 09/635,061                                                      


          has not pointed out, and it is not apparent, where one of                   
          ordinary skill in the art would have found such an indication in            
          Ipri.                                                                       
               For the above reasons we conclude that the examiner has not            
          carried the burden of establishing a prima facie case of                    
          obviousness of the appellant’s claimed invention.                           
                                      DECISION                                        
               The rejections under 35 U.S.C. § 103 of claims 24 and 26               
          over Makita in view of Ipri, claims 25 and 27 over Makita in view           
          of Ipri and Nam, and claims 28 and 29 over Makita in view of Ipri           
          and Lee, are reversed.                                                      
                                      REVERSED                                        





                                                       )                              
                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JAMES T. MOORE                )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         LINDA R. POTEATE              )                              
                         Administrative Patent Judge   )                              
                                          7                                           





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