Ex parte TAKITA et al. - Page 5




                 Appeal No. 1997-0830                                                                                                                   
                 Application 08/132,998                                                                                                                 



                                   Rather than reiterate the arguments of Appellants                                                                    
                 and the Examiner, reference is made to the briefs  and answers                          3                     4                        
                 for the respective details thereof.                                                                                                    


                                                                     OPINION                                                                            
                                   We will not sustain the rejection of claims 5                                                                        
                 through 10, 13 through 18, 27 through 50, and 64 through 77                                                                            
                 under 35 U.S.C. § 103.                                                                                                                 
                                   The Examiner has failed to set forth a prima facie                                                                   
                 case.  It is the burden of the Examiner to establish why one                                                                           
                 having ordinary skill in the art would have been led to the                                                                            
                 claimed invention by the express teachings or suggestions                                                                              
                 found                                                                                                                                  





                          3Appellants filed an appeal brief on February 13, 1996.                                                                       
                 Appellants filed a reply brief on July 15, 1996.  In the                                                                               
                 supplemental Examiner's answer mailed October 2, 1996, the                                                                             
                 examiner states that the reply brief has been entered and                                                                              
                 considered by the Examiner.                                                                                                            
                          4The Examiner filed an Examiner's answer on May 14, 1996.                                                                     
                 The Examiner filed a supplemental Examiner's answer on October                                                                         
                 2, 1996.                                                                                                                               
                                                                           5                                                                            





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