Ex parte COLE et al. - Page 9




                 Appeal No. 93-1883                                                                                                                     
                 Application No. 07/759,691                                                                                                             


                 that the examiner has not met his burden of presenting a prima                                                                         
                 facie case of obviousness.   See In re Rijckaert, 9 F.3d 1531,2                                                                                       


























                          2Having concluded that the examiner has not established a                                                                     
                 prima facie case of obviousness, we will not assess the                                                                                
                 sufficiency of the Rule 131 declarations of record referred to                                                                         
                 by appellants.  However, we observe that these Rule 131                                                                                
                 declarations have not been executed by all of the listed                                                                               
                 inventors in this application.  See M.P.E.P. § 715.04 (Rev. 3,                                                                         
                 July 1997); 37 CFR                                                                                                                     
                 § 1.131(a)(1).                                                                                                                         
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