Appeal No. 1997-3908
Application 08/174,997
argument the examiner relies upon U.S. 4,900,706 to Sasaki.
See id. This reference, however, is not included in the
statement of the rejection and, therefore, is not properly
before us. See In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ
406, 407 n.3 (CCPA 1970).
Accordingly, on the record before us, we conclude that
the examiner has not carried the burden of establishing a
prima facie case of obviousness of appellants’ claimed
invention.1
REMAND
The application is remanded to the examiner for the
examiner to determine whether appellants’ claims should be
rejected over references including Sasaki.
DECISION
The rejections of claims 1-12 under 35 U.S.C. § 102(b) as
being anticipated by or, in the alternative, under 35 U.S.C.
§ 103 as being obvious over Fujita, and the rejections under
35 U.S.C. § 103 of claim 13 over Fujita in view of Hara,
1The examiner does not rely upon Hara or Tsutsui for a
disclosure which would remedy the above-discussed deficiency
in Fujita.
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