Appeal No. 1999-1393
Application No. 08/242,344
Where the examiner fails to establish a prima facie case, the rejection is
improper and will be overturned. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596,
1598 (Fed. Cir. 1988).
Accordingly, we reverse the rejection of claims 31 and 33 under 35 U.S.C. §
103 as being unpatentable over Heinemann, Puckett and Sun as applied to claims
22, 32 and 34-40 above, and further in view of Cutting.
Summary:
We reverse the examiner’s rejection of claims 22, 32, and 34-40 under 35
U.S.C. § 103 as being unpatentable over Heinemann in view of Puckett and Sun.
We reverse the examiner’s rejection of claims 31 and 33 under 35 U.S.C. §
103 as being unpatentable over Heinemann, Puckett and Sun as applied to claims
22, 32, and 34-40 above and further in view of Cutting.
REVERSED
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