Ex Parte Wardrop et al - Page 8



          Appeal No. 2006-0587                                                        
          Application No. 10/017,483                                                  

               We need not further belabor the several deficiencies of the            
          examiner’s rejection.  For any one of the multiple reasons                  
          discussed above, it is apparent that the examiner has failed to             
          establish a prima facie case of obviousness with respect to the             
          subject matter defined by appealed independent claim 1.  It                 
          follows that we cannot sustain the examiner’s Section 103                   
          rejection of claim 1 or of claims 2-7 and 9 which depend                    
          therefrom as being unpatentable over Keller in view of Meltser.             
               The decision of the examiner is reversed.                              

          REVERSED                                                                    
                                                                                     


          BRADLEY R. GARRIS            )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    CHARLES F. WARREN            )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
          PETER F. KRATZ               )                                              
                    Administrative Patent Judge  )                                    


          BRG:hh                                                                      
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