Appeal No. 1996-4072
Application No. 08/133,283
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Morello et al. (Morello) 4,307,058 Dec.
22, 1981
Bree 4,481,160 Nov.
06, 1984
European Patent Application 0 326 408 Aug. 02,
1989
(Uchiyama)
Claims 46-57, 59, 61 and 63-65 stand rejected under 35
U.S.C. § 103 as being unpatentable over Morello in view of
Bree and Uchiyama.
OPINION
Upon careful consideration of the opposing arguments
presented on appeal, we concur with appellant that the applied
prior art fails to establish a prima facie case of obviousness
of the claimed subject matter. Accordingly, we will not
sustain the examiner's rejections.
In rejecting claims under 35 U.S.C. § 103, the examiner
bears the initial burden of presenting a prima facie case of
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