Appeal No. 1998-3386
Application No. 08/265,698
Accordingly, we reverse the rejection of claims 1, 3, 5-10, 12, 14-17, 21 and
23-33 under 35 U.S.C. § 103 as being unpatentable over Lackner.
Having determined that the examiner has not established a prima facie case
of obviousness, we find it unnecessary to discuss the Bollag Declaration executed
March 21, 1997, relied on by appellants to rebut any such prima facie case.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Demetra J. Mills )
Administrative Patent Judge )
DA/dm
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