Appeal No. 95-0456
Application No. 07/933,960
Braun 3,594,727 Jul. 20, 1971
Takesako 4,641,239 Feb. 3, 1987
Hudson et al. 4,650,978 Mar. 17, 1987
(Hudson)
Bergeron et al. 4,882,473 Nov. 21, 1989
(Bergeron)
Claims 1 through 6, 12 and 13 stand rejected under
35 U.S.C. ' 103 as unpatentable over either one of Braun or
Takesako in view of Hudson in further view of Bergeron.
Reference is made to the briefs and answers for the
respective positions of appellant and the examiner.
OPINION
We will not sustain the rejection of claims 1 through 6,
12 and 13 under 35 U.S.C. ' 103 because the examiner has
failed to establish a prima facie case of obviousness with
regard to the instant claimed subject matter.
In short, the examiner has not articulated a cogent
rationale as to how or why the applied references would have
been combined in any particular manner so as to arrive at the
instant claimed subject matter. In the principal answer, the
examiner never even makes an explicit statement as to the
specific ground of rejection, referring, instead, via a
handwritten note, at line 5 of page 2, to “BRIEF, P.3.”
Additionally, the examiner never fully explains the rejection.
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