Appeal No. 1997-2330 Page 9 Application No. 08/398,315 We conclude that the Examiner has not established a prima facie case of unpatentability with respect to the subject matter of the appealed claims. CONCLUSION To summarize, the decision of the Examiner to reject claims 1-4, 7 and 8 under 35 U.S.C. §§ 102(e) and 103 is reversed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a). REVERSED CHUNG K. PAK ) Administrative Patent Judge ) ) ) ) ) BOARD OF PATENT TERRY J. OWENS ) APPEALS Administrative Patent Judge ) AND ) INTERFERENCES ) ) ) CATHERINE TIMM ) Administrative Patent Judge ) CT:tdlPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007