Ex parte LISTOU - Page 10




          Appeal No. 1999-2716                                                        
          Application 08/561,178                                                      


          identified all the differences between the claimed invention                
          and the Feature Guide, and since he has not, therefore,                     
          addressed the obviousness of these differences, we find that                
          the examiner has not properly established a prima facie case                
          of obviousness.  Accordingly, we do not sustain the examiner’s              
          rejection of the appealed claims under 35 U.S.C. § 103.                     
          Therefore, the decision of the examiner rejecting claims 2-9,               
          11-18 and 20-22 is reversed.                                                
          REVERSED                                                                    




                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         MICHAEL R. FLEMING            )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )  INTERFERENCES               
                                                      )                              
                                                      )                              
                         JOSEPH F. RUGGIERO            )                              
                         Administrative Patent Judge   )                              


          JS/ki                                                                       

          Paul J. Berman                                                              
                                        -10-                                          





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