Appeal No. 1998-1696
Application No. 08/562,197
Reference is made to the brief and answer for the
respective positions of appellant and the examiner.
OPINION
At the outset, we note that, in accordance with
appellant’s grouping of the claims at page 5 of the brief, all
claims stand or fall together. Accordingly, we consider only
independent claim 15.
We reverse.
We have reviewed the evidence in the case including,
inter alia, the arguments by appellant and the examiner, as
well as the Randolph, Rightmyer and Taplett affidavits, and
conclude therefrom that the examiner has failed to establish a
prima facie case of obviousness with regard to the instant
claimed subject matter. Accordingly, the three affidavits
need not be considered.
First, independent claim 15 recites, inter alia, that the
slave demultiplexer subscriber line unit comprises “AC power
supply provided by said subscriber.” While the examiner
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