Appeal No. 95-4966
Application No. 08/072,182
combination of Debe and Perrotta fails for reasons discussed
above.
For the foregoing reasons, we determine that the examiner
has not presented a prima facie case of obviousness in view of
the applied prior art. Accordingly, the rejection of claims
15-18 and 20-22 under 35 U.S.C. § 103 as unpatentable over
Perrotta in view of Debe is reversed. In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
C. Summary
The rejection of claims 17 and 20 under 35 U.S.C. § 112,
first paragraph, is affirmed. The rejection of claims 15-18
and 20-22 under 35 U.S.C. § 103 as unpatentable over Perrotta
in view of Debe is reversed.
The decision of the examiner is affirmed-in-part.
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