Appeal No. 96-1247
Application 08/115,662
The Examiner relies on the following references:
Johnson et al. (Johnson) 5,077,676 Dec. 31, 1991
Deyhimy et al. (Deyhimy) 5,204,559 Apr. 20, 1993
Claims 1 through 4, 6 through 8, 14 and 17 stand
rejected under 35 U.S.C. § 103 as being unpatentable over
Deyhimy. Claims 9 and 13 stand rejected under 35 U.S.C. § 103
as being unpatentable over Deyhimy in view of Johnson.
Rather than reiterate the arguments of Appellant and
the Examiner, reference is made to the briefs and answer for 2
the respective details thereof.
OPINION
We will not sustain the rejection of claims 1
through 4, 6 through 9, 13, 14 and 17 under 35 U.S.C. § 103.
The Examiner has failed to set forth a prima facie
case. It is the burden of the Examiner to establish why one
2Appellant filed an appeal brief on July 24, 1995.
Appellant filed a reply brief on October 10, 1995. The Exam-
iner stated in a letter mailed January 16, 1996 that the reply
brief has been entered and considered but no further response
by the Examiner is deemed necessary.
4
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