Appeal No. 1997-2628 Page 8
Application No. 08/383,713
Additionally, the examiner has not established that a
process corresponding to that at issue herein would have
resulted even if the prior art references were combinable for
reasons as set forth in the briefs.
For the foregoing reasons and those set forth in
appellants’ briefs, we determine that the examiner has not
established a prima facie case of obviousness in view of the
reference evidence. Accordingly, the examiner’s rejection of
the claims on appeal under 35 U.S.C. § 103 as unpatentable
over Higaki in view of Dworsky or Jack is reversed.
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