Appeal No. 1996-1777 Page 3
Application No. 08/034,009
Claims 1-23 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Akioka '241 . Claim 24 stands rejected1
under 35 U.S.C. § 102(b) as anticipated by, or in the
alternative,
under 35 U.S.C. § 103 as obvious over Akioka '797 . Claim 24 2
stands rejected under 35 U.S.C. § 103 as being unpatentable
over Kobayashi.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to appellants' specification and claims,
to the applied prior art references, and to the respective
positions articulated by appellants and the examiner. As a
consequence of our review, we find that the examiner has not
carried the burden of presenting a prima facie case of
anticipation under 35 U.S.C. § 102 or a prima facie case of
obviousness under 35 U.S.C. § 103. Accordingly, we will not
sustain the examiner's rejections.
1published UK patent application No. 2 206 241
2published PCT application (WO 88/06797). All subsequent
references in this opinion to Akioka '797 are references to
the English language translation of the published PCT
application of record.
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