Ex parte PHAN et al. - Page 3




          Appeal No. 2000-0433                                                        
          Application 08/741,070                                                      


          unpatentable over Korgel in view of Doyle.                                  
               Rather than reiterate the conflicting view points                      
          advanced by the examiner and the appellants regarding the                   
          above noted rejections, we make reference to the examiner’s                 
          answer (Paper No. 21, mailed August 20, 1999) for the                       
          examiner’s complete reasoning in support of the rejections,                 
          and to the appellants’ Brief (Paper No. 20, filed June 11,                  
          1999) and the appellants’ Reply Brief (Paper No. 23, filed                  
          October 25, 1999) for the appellants’ arguments thereagainst.               
                                       OPINION                                        
               In reaching our decision on this appeal we have given                  
          careful consideration to the appellants’ specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  As a consequence of our review, we make the                      
          determination which follows.                                                
               All of the examiner’s rejections are made pursuant to 35               
          U.S.C. § 103.  We initially note that the examiner bears the                
          initial burden of presenting a prima facie case of obviousness              
          under 35 U.S.C. § 103.  See In re Rijckaert, 9 F.3d 1531,                   


                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007