Ex parte EVANS et al. - Page 5


                Appeal No. 2000-1272                                                                            
                Application No. 08/861,095                                                                      


                       For the foregoing reasons we cannot agree that the evidence adduced by the               
                examiner is sufficient to establish a prima facie case of obviousness of the claimed            
                subject matter.                                                                                 
                       The examiner’s decision to reject claims 1 through 3, 5, 7 through 12 and 17             
                through 19 under § 103 is therefore reversed.                                                   

                                                  REVERSED                                                      





                                    HARRISON E. MCCANDLISH  )                                                   
                                    Senior Administrative Patent Judge  )                                       
                                                                     )                                          
                                                                     )                                          
                                                                     )      BOARD OF PATENT                     
                                    CHARLES E. FRANKFORT             )     APPEALS AND                          
                                    Administrative Patent Judge      )         INTERFERENCES                    
                                                                     )                                          
                                                                     )                                          
                                                                     )                                          
                                    RICHARD B. LAZARUS               )                                          
                                    Administrative Patent Judge      )                                          















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