Appeal No. 95-2327
Application 08/119,448
Appellants raise two issues in their brief:
1. Is a prima facie case of obviousness raised by
Jansen or Ohata alone or in combination?
2. Assuming that a prima facie case of obviousness is
raised, has it been rebutted by appellants' showing of decreased
etching time for their hollow substrate?
Adverting to issue 2., we agree with appellants that,
assuming that a prima facie case of obviousness has been
established by the examiner, it has been overcome by appellants'
comparative showing of unexpected results. Since we are in
agreement with appellants' position regarding issue 2 for the
reasons as set forth in the brief, we adopt that position as our
own.
The decision of the examiner is reversed.
REVERSED
)
RONALD H. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
CHARLES F. WARREN )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
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