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.
4
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