Ex parte BATE et al. - Page 5




          Appeal No. 95-4577                                                          
          Application No. 08/001,192                                                  

          review.  In the absence of even an attempt to provide the                   
          requisite evidence or reasoning to                                          
          support an obviousness conclusion, it appears to us that the                
          examiner has failed to even shoulder much less carry his                    
          initial burden.                                                             
               In light of the foregoing, the examiner's section 103                  
          rejection of the appealed claims as being unpatentable of                   
          Yoshimura can not be sustained.                                             
               The decision of the examiner is reversed.                              
                                      REVERSED                                        







          Bradley R. Garris               )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Cameron Weiffenbach             ) BOARD OF                   
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               Peter F. Kratz                     )                                   
                         Administrative Patent Judge     )                            

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