Appeal No. 1997-3415
Application No. 08/037,849
The Examiner relies on the following references:
Nugent et al. (Nugent) 3,414,540 Dec. 3,
1968
Nozue et al. (Nozue) 4,626,556 Dec. 2,
1986
Claims 16-26 stand rejected under 35 U.S.C. § 103 as
being
unpatentable over the combination of Nozue and Nugent.
Rather than reiterate the arguments of Appellant and
Examiner, references are made to the briefs and answer for 1 2
the respective details thereof.
OPINION
We will not sustain the rejection of claims 16-26 under
35 U.S.C. § 103.
The Examiner has failed to set forth a prima facie case.
It is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
1Appellant filed an appealed brief on February 2, 1996.
Appellant filed a reply brief on May 21, 1996. The Examiner
filed a supplemental Examiner's answer in response to the
reply brief on July 9, 1996, thereby entering and considering
the reply brief.
2The Examiner filed an Examiner's answer on May 1, 1996.
The Examiner filed a supplemental examiner's answer on July 9,
1996.
3
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