Ex parte DAVIS et al. - Page 12




          Appeal No. 2000-0023                                                        
          Application 08/967,856                                                      


          evidence and to reconsider the prima facie case anew in light               
          of all the evidence.  In re Piasecki, 745 F.2d 1468, 1472, 223              
          USPQ 785, 788 (Fed. Cir. 1984).  However, appellants have                   
          neither presented any rebuttal evidence nor advanced any                    
          arguments with respect to any probative showing of surprising               
          or unexpected results represented by objective evidence in                  
          this record. Accordingly, the prima facie case of obviousness               
          stands unrebutted.                                                          
                                    OTHER ISSUES                                      
               On page 1 of appellants' brief two applications,                       
          unrelated to this application, are disclosed.  It appears that              
          the reference to said applications was an inadvertent error.                
          We have not considered said applications in any fashion in                  
          reaching the decisions reflected in this opinion.                           
                                       SUMMARY                                        
               The rejection of the claims under 35 U.S.C. § 103 is                   
          affirmed.                                                                   
               The decision of the examiner is AFFIRMED.                              





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