Appeal No. 1998-0976
Application 08/379,722
Claims 1 through 4, 7, 8, 11 through 13, 20 through
27 and 30 through 47 stand rejected under 35 U.S.C. § 103 as
being unpatentable over DeMoore in view of Köbler. Claims 5,
6, 9, 10, 14, 15, 28 and 29 stand rejected under 35 U.S.C. §
103 as being unpatentable over DeMoore in view of Köbler and
Schwöpfinger.
Rather than reiterate the arguments of Appellants
and the Examiner, reference is made to the briefs and answer 1
for the respective details thereof.
OPINION
We will not sustain the rejection of claims 1
through 15 and 20 through 47 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
1Appellants filed an appeal brief on March 6, 1997.
Appellants filed a reply brief on August 5, 1997. The Exam-
iner mailed a communication on September 10, 1997 stating that
the reply brief has been entered and considered but no further
by the Examiner is deemed necessary.
3
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