Appeal No. 97-1631 Page 12
Application No. 08/245,267
For the foregoing reasons, we find that the statement of
the examiner’s rejection does not amount to a prima facie case
of obviousness. Because the examiner has not established a
prima facie case, the rejection of claims 1-4, 17, and 20 over
Guthmueller, Abe, and/or Badgley is improper and is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1-4, 17, and 20 under 35 U.S.C. § 103 is reversed.
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