Ex parte JOHN R. KLUG - Page 4




                Appeal No. 95-4544                                                                                                            
                Application 07/975,905                                                                                                        



                         Rather than reiterate the arguments of Appellant and the                                                             
                Examiner, reference is made to the briefs  and answers  for the      3                    4                                   
                respective details thereof.                                                                                                   


                                                                 OPINION                                                                      
                         We will not sustain the rejection of claims 1 through 11, 13                                                         
                through 15, 17, 23, and 25 through 28 under 35 U.S.C.  103.                                                                  
                         The Examiner has failed to set forth a prima facie case.                                                             
                It is the burden of the Examiner to establish why one having                                                                  




                         3Appellant filed an appeal brief on March 10, 1995.  We                                                              
                will refer to this appeal brief as simply the brief.   Appellant                                                              
                filed a reply appeal brief on August 15, 1995.  We will refer to                                                              
                this reply appeal brief as the reply brief.  The Examiner                                                                     
                responded to the reply brief with a Supplemental answer, thereby                                                              
                entering and considering the reply brief.  Appellant filed a                                                                  
                supplemental reply appeal brief on December 4, 1995.  We will                                                                 
                refer to this reply appeal brief as the supplemental reply brief.                                                             
                In a second supplemental answer, the Examiner stated that the                                                                 
                supplemental reply brief is entered and considered, but no                                                                    
                further response by the Examiner is deemed necessary.                                                                         
                         4The Examiner responded to the brief with an Examiner's                                                              
                answer, mailed May 10, 1995.  We will refer to the Examiner's                                                                 
                answer as simply the answer.  The Examiner responded to the reply                                                             
                brief with a supplemental Examiner's answer, mailed September 29,                                                             
                1995.  We will refer to the supplemental Examiner's answer as                                                                 
                simply the supplemental answer.  The Examiner responded to the                                                                
                supplemental reply brief with a second supplemental Examiner's                                                                
                answer, mailed December 14, 1995.                                                                                             
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