Ex parte MARSHALL - Page 8




                 Appeal No. 96-0712                                                                                       Page 8                        
                 Application No. 08/015,756                                                                                                             


                 ever alleged that the examiner’s assertions in this regard are                                                                         
                 wrong.                                                                                                                                 
                          Accordingly, since the examiner has, in our view,                                                                             
                 established a prima facie case of obviousness with regard to                                                                           
                 the subject matter of independent claim 1, and claims 2 through                                                                        
                 11 fall therewith, in accordance with appellant’s grouping of                                                                          
                 the claims at page 3 of the brief, we will sustain the                                                                                 
                 rejection of claims 1 through 11 under 35 U.S.C. 103.                                                                                  


                          We now turn to the rejection of claims 12 and 13 under 35                                                                     
                 U.S.C. 103 over Herbst and Chen.  Again, we have reviewed the                                                                          
                 examiner’s rationale and application of the references to the                                                                          
                 claims, at pages 11-13 of the answer , and we find that the      3                                                                     
                 examiner’s explanation is reasonable and presents a prima facie                                                                        
                 case of obviousness with regard to the subject matter of claims                                                                        
                 12 and 13.  We will sustain the rejection of claims 12 and 13                                                                          
                 under 35 U.S.C. 103.                                                                                                                   




                          3We note that the examiner has apparently inadvertently                                                                       
                 stated that Chen is combined with “Gordon,” rather than                                                                                
                 Herbst, at page 13 of the answer.                                                                                                      







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