Appeal No. 95-4747
Application No. 08/063,297
relied upon by the examiner in rejecting the appealed claims
are:
Sasaki et al. (Sasaki I) 4,692,399 Sep.
08, 1987
Sakai et al. (Sakai) 4,865,957 Sep. 12,
1989
Ishigaki et al. (Ishigaki) 4,879,204 Nov. 07,
1989
Sasaki et al. (Sasaki II) 4,992,358 Feb. 12,
1991
Hayashi 5,206,120 Apr. 27,
1993
Claims 2-4, 6-11, and 17-28 stand rejected under 35
U.S.C.
§ 103 as being unpatentable over any one of Sakai, Sasaki I or
Sasaki II each in view of Hayashi and Ishigaki.
OPINION
We have carefully reviewed the respective positions
advanced by appellant and the examiner. In so doing, we are
constrained to agree with appellant, based on the present
record, that the examiner has not carried the initial burden
of establishing a prima facie case of obviousness with respect
to the subject matter defined by the appealed claims.
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