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.
3
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