Appeal No. 97-3059
Application No. 08/251,014
examiner argues [answer-page 7] that the language “all
circuitry which is common...” is indefinite. We do not find
the language indefinite. But, in any event, such a response
would be a ground for rejection under 35 U.S.C. 112, second
paragraph, a rejection which the examiner made earlier in the
prosecution and withdrew. It is not a persuasive rationale
for holding claimed subject matter obvious, within the meaning
of 35 U.S.C. § 103.
In our view, the examiner has failed to establish a prima
facie case of obviousness with regard to the instant claimed
subject matter.
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