Ex parte EDWARDS et al. - Page 8




              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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