Appeal No. 97-0126
Application No. 08/314,749
method steps. The Examiner’s sole basis for the rejection of
this claim appears to be a reference to a portion of Yamanishi
which relates to a method of reading a document image and not
to an assembling method for a lens as claimed. Since the
Examiner has not addressed the particulars of this claim, we
are constrained, on the record before us, to agree with
Appellant’s contention that none of the claimed method steps
of forming a lens array assembly are taught or suggested by
Yamanishi.
Since it is our opinion, for at least the reasons
discussed above, that the Examiner has failed to establish a
prima facie case of obviousness with respect to claims 1-4 we
can not sustain the Examiner’s 35 U.S.C. § 103 rejection of
claims 1-4. Accordingly, the Examiner’s decision rejecting
claims 1-4 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS
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