Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 69


                  Appeal No.  2000-1780                                                                                         
                  Application No.  08/403,663                                                                                   
                          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                                                                



















                                                              69                                                                



Page:  Previous  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  Next 

Last modified: November 3, 2007