Appeal No. 1997-0926
Application No. 08/552,045
The full text of the examiner's rejections and the
responses to the arguments presented by appellants appear in
the answer (Paper No. 15, mailed July 22, 1996), while the
complete statement of appellants’ arguments can be found in
the brief (Paper No. 14, filed May 20, 1996).
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants' specification and
claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the
examiner. Upon evaluation of all the evidence before us, it
is
our conclusion that the evidence adduced by the examiner is
insufficient to establish a prima facie case of obviousness
with respect to independent claims 1, 4 and 7. Accordingly,
we will not sustain the examiner's rejections of claim 1, 4
and 7, and claims 2, 3, 5, 6, 8 and 9 dependent thereon, under
35 U.S.C. § 103. Our reasoning for this determination
follows.
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