Ex parte AVITALL - Page 3




          Appeal No. 1998-1045                                                        
          Application 08/482,674                                                      


          as applied above to claim 38, and further in view of                        
          Takahashi.                                                                  
               The full text of the examiner's rejections and the                     
          response to the arguments presented by appellant appear in the              
          final rejection (Paper No. 8, mailed July 30, 1996) and the                 
          answer (Paper No. 14, mailed April 7, 1997), while the                      
          complete statement of appellant’s arguments can be found in                 
          the main and reply briefs (Paper Nos. 13 and 15, filed January              
          13, 1997 and June 11, 1997, respectively).                                  

                                      OPINION                                         
               In reaching our decision in this appeal, we have given                 
          careful consideration to appellant’s specification and claims,              
          to the applied prior art references, and to the respective                  
          positions articulated by appellant and the examiner.  As a                  
          consequence of our review, we conclude that the rejections                  
          cannot be sustained.                                                        
               In rejecting claims under 35 U.S.C.  103, the examiner                
          bears the initial burden of presenting a prima facie case of                
          obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532, 28                    
          USPQ2d 1955, 1956 (Fed. Cir. 1993).  A prima facie case of                  

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