Appeal No. 1997-2338
Application No. 08/173,376
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).
Therefore, the rejection of claims 6 and 7 under 35 U.S.C. ' 103 over the combination of
Chromecek and Amidon is reversed.
Summary
The rejection of claims 6 and 7 under 35 U.S.C. ' 112, first paragraph is reversed.
The rejection of claims 6 and 7 under 35 U.S.C. ' 103 as unpatentable over Chromecek
and Amidon is reversed.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Douglas W. Robinson )
Administrative Patent Judge )
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