Ex parte KAY - Page 8




                   Appeal No. 95-3346                                                                                                                             
                   Application 07/953,320                                                                                                                         



                   claim 11.  In view of the above discussion, it is clear that the examiner has not made out a prima facie                                       

                   case of obviousness utilizing Nazarenko and the art with which it has been combined, and we will not                                           

                   sustain the rejections of claims 11-27.                                                                                                        

                                                                    Summary                                                                                       

                            In summary:                                                                                                                           

                            a) the decision of the examiner to reject claims 5, 6 and 10 under 35 U.S.C. § 103 as                                                 

                   unpatentable over Lee in view of French is affirmed.                                                                                           

                            b) the decision of the examiner to reject claims 7-9 under 35 U.S.C. § 103 as unpatentable                                            

                   over Lee in view of French is reversed.                                                                                                        

                            c) the decision of the examiner to reject claim 11 under 35 U.S.C. § 103 as unpatentable over                                         

                   Lee in view of French and Nazarenko is reversed.                                                                                               

                            d) the decision of the examiner to reject claims 12, 13, 15, 16, and 18-27 under 35 U.S.C. §                                          

                   103 as unpatentable over Lee, McRae and Nazarenko is reversed.                                                                                 

                            e) the decision of the examiner to reject claims 14 and 17 under 35 U.S.C. § 103 as                                                   

                   unpatentable over Lee, McRae, Nazarenko and French is reversed.                                                                                







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