Appeal No. 1998-2708 Application No. 08/459,361 The Examiner relies on the following references: Morais 4,528,656 Jul. 9, 1985 Gillig et al. (Gillig) 5,463,674 Oct. 31, 1995 (filed Jul. 15, 1994) Claims 1 through 5 stand rejected under 35 U.S.C. � 103 as being unpatentable over Gillig in view of Morais. 1 Rather than reiterate the arguments of Appellants and the Examiner, reference is made to the brief, reply brief and answer for the respective details thereof. OPINION After a careful review of the evidence before us, we will not sustain the rejection of claims 1 through 5 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 1Claim 2 had been rejected under 35 U.S.C. � 112, second paragraph. However, an amendment received Sept. 26, 1997 and acknowledged by the Examiner on Oct. 15, 1997, overcame this rejection. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007