Appeal No. 1998-1677
Application No. 08/273,251
(Japanese)
The previous grounds of rejection have been withdrawn in
view of the Applicant's comments. See page 4 of the
Examiner's Answer. A new ground of rejection has been set
forth by the Examiner. As per this new ground of rejection,
claims 17 and 19 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Grindley in view of Kanematsu.
Rather than reiterate the arguments of Appellant and the
Examiner, reference is made to the briefs and answer for the 1
respective details thereof.
OPINION
We will not sustain the rejection of claims 17 and 19
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
invention by the express teachings or suggestions found in the
1 Appellant filed an appeal brief on October 6, 1997.
Appellant filed a reply brief December 10, 1997. The examiner
mailed an office communication on January 9, 1998, stating
that the reply brief has been entered. The Examiner stated
that no further response is deemed necessary by the Examiner.
3
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