Ex parte FREY et al. - Page 7

          Appeal No. 1997-3026                                       Page 7           
          Application No. 08/344,053                                                  


               Since the examiner has failed to establish a prima facie               
          case of obviousness with regard to the claimed subject matter,              
          the examiner’s decision rejecting claims 1 through 3, 5 through             
          12, 14 and 15 under 35 U.S.C. 103 is reversed.                              


                                       REVERSED                                       





                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         MICHAEL R. FLEMING            )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         STUART N. HECKER              )                              
                         Administrative Patent Judge   )                              
          EAK/jlb                                                                     














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