Appeal No. 1998-0101
Application No. 08/253,996
Kinoshita et al. (Kinoshita) 5,432,842 Jul. 11,
1995 (filed Mar.
17, 1992)
Edwards et al. (Edwards), “A New Hand-off Algorithm Using
Fuzzy Logic,” Proceedings of the 1994 IEEE SOUTHEASTCON '94,
Pages 89-92, April, 1994.
Claims 1, 2, 9 and 10 stand rejected under 35 U.S.C. §
103 as being unpatentable over Kinoshita in view of Hurst.
Claims 3 through 7 stand rejected under 35 U.S.C. § 103
as being unpatentable over Kinoshita in view of Hurst and
further in view of Edwards.
Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the brief, reply brief and
answer for the respective details thereof.
OPINION
After a careful review of the evidence before us, we will
not sustain the rejection of claims 1 through 7, 9 and 10
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
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