Ex parte LIVINGSTON - Page 7




          Appeal No. 1996-1224                                                        
          Application 08/292,184                                                      



                    Based on the above, we agree with appellant that the              
          examiner has failed to establish a prima facie case of                      
          obviousness for the subject matter defined by the appealed                  
          claims.  Accordingly, we cannot sustain the stated rejection                
          of the appealed claims for obviousness.                                     
                    The decision of the examiner is reversed.                         
                                      REVERSED                                        





                         JOHN D. SMITH                )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF                   
          PATENT                                                                      
                         THOMAS A. WALTZ              )     APPEALS AND               
                         Administrative Patent Judge  )                               
          INTERFERENCES                                                               
                                                       )                              
                                                       )                              
                                                       )                              
                         CAROL A. SPIEGEL             )                               
                         Administrative Patent Judge  )                               
                                                                                     

          JDS:psb                                                                     


                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007