Appeal No. 1996-0575
Application No. 08/219,551
Grenfell and Wallace, relied on to demonstrate the use of resin adhesive in the form
of blocks, sticks, or other shapes, do not provide that which is missing in the disclosure of
Pettit.
On the record before us, we find that the examiner has failed to provide the factual
basis on which a prima facie case of unpatentability could reasonably be based. Where
the examiner fails to establish a prima facie case, the rejection is improper and will be
overturned. In re Fine, supra. Therefore, the rejection of claims 5-7, 9-11, 22, 24-29, 41-
47, 59-61, 64, and 67 under 35 U.S.C. § 103 is reversed.
SUMMARY
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