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                

















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