Appeal No. 1997-3132
Application 08/268,370
Claims 8 and 3 through 5 stand rejected under 35
U.S.C. § 103 as being unpatentable over Shiono in view of
Gruetzner. Claim 2 stands rejected under 35 U.S.C. § 103 as
being unpatentable over Shiono in view of Gruetzner and
Farwell.
Rather than reiterate the arguments of Appellant and
the Examiner, reference is made to the briefs and answers for 2 3
the respective details thereof.
OPINION
We will not sustain the rejection of claims 2
through 5 and 8 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
2Appellant filed an appeal brief on August 22, 1996.
Appellant filed a reply brief on December 30, 1996. The
Examiner responded to the reply brief with a supplemental
Examiner's answer, thereby entering the reply brief into the
record.
3The Examiner filed an Examiner's answer on October 28,
1996. In response to the reply brief, the Examiner filed a
supplemental Examiner's answer on March 23, 1997.
4
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