Appeal No. 1997-2198
Application 08/262,953
the invention recited in any of appellant’s claims.
For the above reasons, we conclude that the examiner has
not carried his burden of establishing a prima facie case of
obviousness of the invention recited in any of appellant’s
claims.3
DECISION
The rejections of claims 13-18, 20 and 24 under 35 U.S.C.
§ 112, first paragraph, enablement requirement, and the
3 The examiner states (answer, page 10) that he has not
considered the declaration of Jacques Antoun filed on August
28, 1995 after the final rejection. Because this declaration
has not been considered by the examiner, we have not relied
upon it in reaching our decision.
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