Ex parte SHERRY - Page 3




          Appeal No. 1999-0939                                       Page 3           
          Application No. 08/593,334                                                  


          mailed July 14, 1998) for the examiner's complete reasoning in              
          support of the rejection, and to the brief (Paper No. 18,                   
          filed April 28, 1998) and reply brief (Paper No. 20, filed                  
          September 14, 1998) for the appellant's arguments                           
          thereagainst.                                                               


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  Upon evaluation of all the evidence before us, it                
          is our conclusion that the evidence adduced by the examiner is              
          insufficient to establish a prima facie case of obviousness                 
          with respect to the claims under appeal.  Accordingly, we will              
          not sustain the examiner's rejection of claims 13 through 23                
          under                                                                       
          35 U.S.C. § 103.  Our reasoning for this determination                      
          follows.                                                                    










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