Ex parte BERATAN et al. - Page 5




          Appeal No. 1998-3021                                                        
          Application No. 08/788,313                                                  


          by Hrubesh (page 195) on the electrically conductive electrode              
          layer 34 in Robinson (Brief, page 6).  Too many questions                   
          remain unresolved as to where and how the aerogel film would                
          be used in Robinson.  In short, we find that the examiner has               
          not set forth a prima facie of obviousness.                                 









                                      DECISION                                        
               The decision of the examiner rejecting claims 1 through                
          15 under 35 U.S.C. § 103 is reversed.                                       
                                      REVERSED                                        






                    KENNETH W. HAIRSTON          )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    MICHAEL R. FLEMING           )     APPEALS AND                    
                                          5                                           





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