Ex parte BENOIT et al. - Page 5




          Appeal No. 1998-0275                                                        
          Application No. 08/467,484                                                  


          transverse direction of orientation of the second layer is                  
          substantially aligned with the transverse direction of                      
          orientation of the first layer" (page 4 of brief, first full                
          paragraph).  On the other hand, we have searched the                        
          examiner's answer in vain for any rationale which explains why              
          these argued claimed features would have been obvious to one                
          of ordinary skill in the art within the meaning of § 103.  In               
          addition, appellants contend at page 6 of the brief that                    
          "[t]here is no disclosure of polyethylenimide, as required by               
          claim 27", whereas the examiner's answer is silent to this                  
          challenge.  Consequently, the examiner has failed to establish              
          a prima facie case of obviousness of claimed features for                   
          which appellants have advanced specific arguments.                          
          Manifestly, this constitutes reversible error.                              


               Based on the foregoing, the examiner's decision rejecting              
          the appealed claims is reversed.                                            
                                      REVERSED                                        






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