Ex parte GADD - Page 6




               Appeal No. 96-2616                                                                                                   
               Application 08/280,271                                                                                               


                       The reference to Wroblewski, applied in the rejection of claim 5, is not seen to remedy the                  

               deficiencies of APS and Inoue.                                                                                       





                       We find that the examiner has failed to set forth a prima facie case of obviousness with regard              

               to the instant claimed subject matter and, accordingly, we will not sustain the rejection of claims 1                

               through 5 under 35 U.S.C. 103.                                                                                       

                       The examiner’s decision is reversed.                                                                         

                                                           REVERSED                                                                 











                       ERROL A. KRASS                )                                                                              
                       Administrative Patent Judge     )                                                                            
                               )                                                                                                    
                                                              )                                                                     
                                                     )                                                                             
                               LEE E. BARRETT                 ) BOARD OF PATENT                                                     
                       Administrative Patent Judge     )    APPEALS AND                                                             
                                                              )  INTERFERENCES                                                      

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