Ex parte RAO et al. - Page 9




          Appeal No. 1998-2623                                                        
          Application No. 08/677,062                                                  


               For the foregoing reasons, we find that the examiner has               
          not established a prima facie case of obviousness based on the              
          reference evidence.  Accordingly, the rejection of the claims               
          on appeal under 35 U.S.C. § 103 as unpatentable over Fiske is               
          reversed.                                                                   
               The rejection of claims 2, 3, 10 and 11 under 35 U.S.C. §              
          102(e) or, in the alternative, under 35 U.S.C. § 103, over                  
          Fiske is reversed.                                                          
               The decision of the examiner is reversed.                              


                                      REVERSED                                        




                                                       )                              
                         CHUNG K. PAK                  )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )  BOARD OF PATENT             
                         THOMAS A. WALTZ               )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         MICHAEL P. TIERNEY            )                              
                         Administrative Patent Judge   )                              


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