Ex parte AUFDERHEIDE et al. - Page 13




          Appeal No. 96-1249                                                          
          Application 08/270,215                                                      


          a analog screen will interfere with the resistive function of               
          that layer.                                                                 
               Because for the foregoing reasons, the examiner has                    
          failed to meet his initial burden to establish a prima facie                
          case of obviousness, we need not consider appellants' 37 CFR                
          § 1.132 declaration, which is offered as rebuttal evidence.                 
               The § 103 rejection of claim 19 and its dependent claims               
          20-35 for unpatentability over Kuhlman in view of Mikoshiba                 
          and Olson is reversed.                                                      
                                      REVERSED                                        


                                                       )                              
                         KENNETH W. HAIRSTON           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN C. MARTIN                )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         LEE E. BARRETT                )                              
                         Administrative Patent Judge   )                              






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