Appeal No. 1997-3970
Application No. 08/391,379
Since the examiner improperly determined that the
recitations of the independent claims were fully met by the
disclosures of Ozawa or Sawada, the examiner has not addressed
the obviousness of modifying any of the applied prior art
references to result in a cassette having an electrical
impedance as set forth in the claimed invention.
Consequently, the examiner has failed to establish a prima
facie case of the obviousness of the appealed claims. As
noted by the case law cited above, failure to establish a
prima facie case of obviousness requires that the rejection of
claims 3-13, 16-26 and 29-34 under 35 U.S.C. § 103 be
reversed.
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007