Ex parte EDGREN et al. - Page 5

                  Appeal No.  1997-1160                                                                                    
                  Application No.  08/036,566                                                                              

                  circumstances, we are constrained to reach the conclusion that the examiner has failed to                
                  provide the evidence necessary to support a prima facie case of obviousness.  Where the                  
                  examiner fails to establish a prima facie case, the rejection is improper and will be                    
                  overturned.  In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).                      
                         Accordingly, the rejection of claims 24-27 under 35 U.S.C. § 103 is reversed.                     
                                                         REVERSED                                                          




                                                                           )                                               
                                       Sherman D. Winters           )                                                      
                                       Administrative Patent Judge         )                                               
                                                                           )                                               
                                                                           )                                               
                                                                           ) BOARD OF PATENT                               
                                       Donald E. Adams                     )                                               
                                       Administrative Patent Judge         )   APPEALS AND                                 
                                                                           )                                               
                                                                           ) INTERFERENCES                                 
                                                                           )                                               
                                       Demetra  J. Mills                  )                                               
                                       Administrative Patent Judge         )                                               



                  DEA/cam                                                                                                  











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