Appeal No. 96-0380
Application No. 08/229,857
The Examiner relies on the following reference:
Burns Re. 31,967 Aug. 13, 1985
Claims 1 through 20 stand rejected under 35 U.S.C. § 103
as being unpatentable over Appellants' acknowledged prior art
found in column 1 in view of Burns.
Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the briefs and answer for the 2
respective details thereof.3
OPINION
We will not sustain the rejection of claims 1 through 20
under 35 U.S.C. § 103.
In regard to the 35 U.S.C. § 103 rejection, the Examiner
has failed to set forth a prima facie case. It is the burden
of the
2Appellants filed an appeal brief on June 9, 1995. We
will refer to this appeal brief as simply the brief.
Appellants filed a reply appeal brief on November 14, 1995.
The Examiner stated in the Examiner’s letter dated January 18,
1996, that the reply brief has been entered and considered but
no further response by the Examiner is deemed necessary.
3We note that the file contains a remand to the Examiner,
dated February 4, 1998. This remand is in error and the
appeal is properly before us for our decision.
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