Ex Parte Flowers - Page 2




              Appeal No. 2005-0282                                                                                      
              Application No. 09/755,991                                                                                

                     Representative independent claim 1 is reproduced as follows:                                       
                     1.     A module, comprising:                                                                       
                            a hermetically-sealable shell having first and second terminal sets;                        
                            a first surface acoustic wave (SAW) circuit, located within said shell                      
                     and couplable to said first terminal set, that filters a first signal in a first                   
                     band of communications frequencies; and                                                            
                            a second SAW circuit, located within said shell and couplable to                            
                     said  second terminal set, that filters a second signal in a second  band of                       
                     communications frequencies.                                                                        
                     The examiner relies on the following references:                                                   
                     Ikata et al. (Ikata)               5,786,738            Jul. 28, 1998                              
                     Filipov et al. (Filipov)           5,923,459            Jul. 13, 1999                              
                     Takado                             5,939,817            Aug. 17, 1999                              
                     Claims 1-7, and 15-21 stand rejected under 35 U.S.C. §103.  As evidence of                         
              obviousness, the examiner offers Takado, Ikata and Filipov.                                               
                     Reference is made to the brief and answer for the respective positions of                          
              appellants and the examiner.                                                                              
                                                 OPINION                                                                
                     In rejecting claims under 35 U.S.C. §103, the examiner bears the initial burden of                 
              presenting a prima facie case of obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532,                    
              28 USPQ2d 1955, 1956 (Fed. Cir. 1993).  To reach a conclusion of obviousness                              




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