Appeal No. 1998-2851 Page 4
Application No. 08/756,901
rejection, we make reference to the final rejection (Paper No.
4, mailed October 24, 1997) and the examiner's answer (Paper
No. 9, mailed May 11, 1998) for the examiner's complete
reasoning in support of the rejection, and to the appellant's
brief (Paper No. 7, filed March 12, 1998) for the appellant's
arguments thereagainst.2
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellant's specification and
claims, to the applied prior art references, and to the
respective positions articulated by the appellant 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 claims 10, 12 and 16. Accordingly, we will
not sustain the examiner's rejection of claims 10, 12 and 16
under
2The examiner's rejection of claim 12 under 35 U.S.C. §
112, second paragraph, made in the final rejection was
withdrawn by the examiner in the answer (p. 4).
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