Ex parte KRONE-SCHMIDT - Page 9




          Appeal No. 95-0339                                                          
          Application 07/881,941                                                      


          motivated one of ordinary skill in the art to use Pujado’s                  
          separation in combination with the teachings of Jackson and                 
          Burgess such that appellant’s claimed apparatus and method are              
          produced.  The examiner has not explained why one of ordinary               
          skill in the art would have had such a motivation.                          
               For the above reasons, we conclude that the examiner has not           
          carried his burden of establishing a prima facie case of                    
          obviousness of appellant’s claimed invention.                               



                                      DECISION                                        
               The rejection of claims 1-15 under 35 U.S.C.  103 as being            
          unpatentable over Jackson in view of Burgess and Pujado is                  
          reversed.                                                                   
                                      REVERSED                                        












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