Ex parte BUSE et al. - Page 3




          Appeal No. 2000-0875                                       Page 3           
          Application No. 08/945,138                                                  


          12, mailed January 25, 1999) and the answer (Paper No. 19,                  
          mailed November 9, 1999) for the examiner's complete reasoning              
          in support of the rejection, and to the brief (Paper No. 18,                
          filed September 30, 1999) for the appellants' arguments                     
          thereagainst.                                                               


                                       OPINION                                        
               In reaching our decision in 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.  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 10 and 14 to 18              
          under 35 U.S.C. § 103.  Our reasoning for this determination                
          follows.                                                                    


               In rejecting claims under 35 U.S.C. § 103, the examiner                
          bears the initial burden of presenting a prima facie case of                







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