Appeal No. 2001-0690
Application No. 08/309,315
Where the examiner fails to establish a prima facie case, the rejection is
improper and will be overturned. See Fine. Accordingly, we reverse the
rejection of claims 7, 9-14 and 22-24 under 35 U.S.C. § 103 as being
unpatentable over Uckun.
REVERSED
Douglas W. Robinson )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Demetra J. Mills )
Administrative Patent Judge )
DA/dym
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