Ex parte DALY et al. - Page 7




          Appeal No. 1997-0183                                                        
          Application 08/206,623                                                      


               The initial burden is on the examiner to establish a                   
          prima facie case of obviousness.  In re Oetiker, 977 F.2d                   
          1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).  For the                 
          foregoing reasons, we determine that the examiner has not                   
          established a prima facie case of obviousness.  Accordingly,                
          the examiner’s rejection of the claims on appeal is reversed.               
          Because we reverse on the basis of failure to establish a                   
          prima facie case of obviousness, we need not reach the issue                
          of the sufficiency of the Daly Declaration under 37 CFR                    
          1.132 (see Appendix 1 attached to the Brief).                               


               The decision of the examiner is reversed.                              
          REVERSED                                                                    







                         ADRIENE LEPIANE HANLON        )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              

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