Ex parte PAZIK - Page 9

                 Appeal No. 95-4002                                                                                                                     
                 Application 08/081,858                                                                                                                 


                          In that the examiner has not met his initial burden of presenting a prima facie                                               
                 case of obviousness of the subject matter of the appealed claims, it is unnecessary for                                                
                 us to consider appellant’s evidence of nonobviousness, i.e., the affidavits submitted                                                  
                 under 37 C.F.R. § 1.132.                                                                                                               
                          The decision of the examiner is reversed.                                                                                     
                                                                   REVERSED                                                                             






                                            NEAL E. ABRAMS                                        )                                                     
                                            Administrative Patent Judge                           )                                                     
                                                                                                  )                                                     
                                                                                                  )                                                     
                                                                                                  ) BOARD OF PATENT                                     
                                            LAWRENCE J. STAAB                                     )                                                     
                                            Administrative Patent Judge                  )   APPEALS AND                                                
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                                                                                                  ) INTERFERENCES                                       
                                                                                                  )                                                     
                                            JOHN P. McQUADE                                       )                                                     
                                            Administrative Patent Judge                  )                                                              









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