Ex parte RHODE - Page 5

             Appeal No. 1997-1422                                                                                 
             Application 08/279,557                                                                               

             the Rogers fabric (figure 3).  The examiner has not explained                                        
             why one of ordinary skill in the art, given these references                                         
             but not appellant’s disclosure, would have had a reasonable                                          
             expectation of success in modifying the structure of the                                             
             Rogers fabric in the manner proposed by the examiner.                                                
                    The examiner, therefore, has not carried the burden of                                        
             establishing a prima facie case of obviousness of appellant’s                                        
             claimed invention.                                                                                   
                    The rejection of claims 1-20 under 35 U.S.C.  103 as                                         
             being unpatentable over Rogers in view of Matsuda is reversed.                                       

                                 EDWARD C. KIMLIN                        )                                        
                                 Administrative Patent Judge             )                                        
                                 TERRY J. OWENS                                 )  BOARD OF                       
                                 Administrative Patent Judge             )  APPEALS AND                           


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