Ex parte DAILY et al. - Page 4




          Appeal No. 1998-0621                                                        
          Application No. 08/323,288                                                  


               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the 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 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                
          ordinary skill in the art would have been led to the claimed                

















                                         -4-                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007