Appeal No. 2000-1779 Application No. 08/473,204 Where the examiner fails to establish a prima facie case, the rejection is improper and will be overturned. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). Accordingly, we reverse the rejection of claims 31 and 33 under 35 U.S.C. § 103 as being unpatentable over Heinemann, Puckett and Sun as applied to claims 22, 32 and 34-40 above, and further in view of Cutting. Summary: We reverse the examiner’s rejection of claims 22, 32, and 34-40 under 35 U.S.C. § 103 as being unpatentable over Heinemann in view of Puckett and Sun. We reverse the examiner’s rejection of claims 31 and 33 under 35 U.S.C. § 103 as being unpatentable over Heinemann, Puckett and Sun as applied to claims 22, 32, and 34-40 above and further in view of Cutting. REVERSED 69Page: Previous 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 NextLast modified: November 3, 2007