Appeal No. 1998-0402
Application No. 08/490,046
not a proper basis for a rejection under 35 U.S.C. § 103. See
In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed.
Cir. 1992). The conclusion follows that the combined
teachings of
Sturm and Kunnecke fail to establish a prima facie case of
obviousness with regard to the subject matter recited in claim
1. This being the case, we will not sustain the rejection of
claim 1 or, it follows, of claims 2-5, which are dependent
therefrom.
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