Ex Parte DAVIS - Page 7



          Appeal No. 1995-4961                                                        
          Application No. 29/014,077                                                  

                                     CONCLUSION                                       
               In view of the foregoing, the examiner’s  103 rejection is            
          reversed and this application is remanded to the examiner to                
          review the prior art discussed above to determine the existence             
          of a prima facie case of obviousness and, if present, make                  
          adequate factual analyses on the sufficiency of the secondary               
          evidence of record, including all of the declarations,                      
          testimonies and statements, relied upon by appellant to determine           
          whether the prima facie case is rebutted.                                   
               This application, by virtue of its “special” status requires           
          an immediate action.  Manual of Patent Examining Procedure                  
           708.01 (7th ed., Rev. 1, Feb. 2000).  It is important that the            
          Board be promptly informed of any action affecting the appeal in            
          this case (e.g., abandonment, issue, reopening prosecution).                










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