Ex Parte Naito - Page 12




               Appeal No. 2005-0126                                                                                              
               Application No. 09/967,791                                                                                        
               ground of rejection by the board.                                                                                 
                      In view of the above, we do not find the examiner has established a prima facie                            
               case of obviousness on the evidence before us.  The rejection of claims 1-10 and 12-28                            
               under 35 U.S.C.  §103(a), as obvious in view of Naito and Keep is reversed.                                       
                                                        CONCLUSION                                                               
                      The rejection of claims 1-10 and 12-28 under 35 U.S.C.  §103(a), as obvious in                             
               view of Naito and Keep is reversed.                                                                               
                      No time period for taking any subsequent action in connection with this appeal                             
               may be extended under 37 CFR § 1.136(a).                                                                          
                                                         REVERSED                                                                



                                                                                   )                                             
                                     WILLIAM F. SMITH                      )                                                     
                                     Administrative Patent Judge                   )                                             
                                                                                   )                                             
                                                                                   )                                             
                                                                                   ) BOARD OF PATENT                             
                                     DEMETRA J. MILLS                              )                                             
                                     Administrative Patent Judge                   )   APPEALS AND                               
                                                                                   )                                             
                                                                                   ) INTERFERENCES                               
                                                                                   )                                             







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