Appeal No. 1999-1978 Page 3
Application No. 08/864,442
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellant regarding the above-noted
rejections, we make reference to the answer (Paper No. 21,
mailed December 21, 1998) for the examiner's complete
reasoning in support of the rejections, and to the brief
(Paper No. 20, filed October 27, 1998) for the appellant's
arguments thereagainst.
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 the claims under appeal. Accordingly, we will
not sustain the examiner's rejection of claims 1, 3, 5 and 8
through 11 under 35 U.S.C. § 103. Our reasoning for this
determination follows.
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