Appeal No. 96-3263
Application No. 08/363,594
Claims 7 and 8 stand rejected under 35 U.S.C. § 103 as being
unpatentable over ANCRA Part No. 43451-11 and Series F track in
view of Berns, Watts and Ehrlich.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellant regarding the § 103 rejections, we
make reference to the examiner's answer (Paper No. 23, mailed
April 29, 1996) for the examiner's complete reasoning in support
of the rejections, and to the appellant's brief (Paper No. 22,
filed February 16, 1996) for the appellant's arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellant's specification and
claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the
examiner. Upon evaluation of all the evidence before us, it is
our conclusion that the evidence adduced by the examiner is
insufficient to establish a prima facie case of obviousness with
respect to any of the claims on appeal. Accordingly, we will not
sustain the examiner's rejection of claims 1 through 8 under
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