Ex parte MORITA et al. - Page 4




                     Appeal No. 95-4453                                                                                                                                                
                     Application 07/885,419                                                                                                                                            











                     useful for drying the coating of the type described in Willing.  Thus, we conclude that the                                                                       
                     examiner has not carried his burden of establishing a prima facie case of obviousness.   Accordingly,                       4                                     

                     we reverse the examiner’s decision rejecting the appealed claims under 35 U.S.C.     § 103.                                                                       

                                                                                 REVERSED                                                                                              




                                                     CHUNG K. PAK                                                     )                                                                
                                                     Administrative Patent Judge                                      )                                                                
                                                                                                                      )                                                                
                                                                                                                      )                                                                
                                                                                                                      )  BOARD OF PATENT                                               
                                                     CHARLES F. WARREN                                                )                                                                
                                                     Administrative Patent Judge                                      )   APPEALS AND                                                  
                                                                                                                      )                                                                
                                                                                                                      )  INTERFERENCES                                                 
                                                                                                                      )                                                                
                                                     THOMAS A. WALTZ                                                  )                                                                
                                                     Administrative Patent Judge                                      )                                                                


                                4Since the examiner has not established a prima facie case of obviousness, we need not                                                                 
                     determine the sufficiency of the comparative results submitted by appellants to rebut a prima facie                                                               
                     case of obviousness.  In re Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276, 1278 (Fed. Cir. 1987).                                                                      
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