Ex parte RIES et al. - Page 4




          Appeal No. 1996-3659                                                        
          Application No. 08/237,484                                                  

          by argon ion beam sputter deposition using HY-zeolite                       
          targets,” Catalysis Letters, vol. 10, pp. 343-355, 1991.                    
                                   THE REJECTIONS                                     
          Claim 10 stands rejected under 35 U.S.C. § 102(e)as                         
          being anticipated by Bals.                                                  
          Claims 1 through 9 stand rejected under 35 U.S.C. § 103                     
          as being unpatentable over Venkatesan in view of Bein.                      
          Claims 1 through 9 stand rejected under 35 U.S.C. § 103                     
          as being unpatentable over Boszormenyi in view of Venkatesan.               
          Claims 10 through 18 stand rejected under 35 U.S.C. §                       
          103 as being unpatentable over Boszormenyi in view of                       
          Venkatesan.                                                                 
                                       OPINION                                        
          We have carefully considered the respective arguments                       
          for and against patentability by appellants and the examiner.               
          We sustain the rejection under 35 U.S.C. § 102(e) as to claim               
          10,  and reverse each of the rejections under 35 U.S.C. § 103               
          as to claims 1 through 18.                                                  
               The Section 103 Rejections over Boszormenyi in view of                 
                                     Venkatesan                                       
          “[T]he examiner bears the initial burden, on review of                      
          the prior art or on any other ground, of presenting a prima                 
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