Appeal No. 1997-3120
Application No. 08/219,853
DesMarais, "it would have been obvious to one of ordinary
skill in the art practicing the process of Cassat that the
pressing step would have an effect of producing a laminate
with a more even top surface and thus articles of more
consistent quality" (Answer, page 4).
OPINION
We will not sustain either of the above-noted rejections.
The § 112, first paragraph, rejection of all the appealed
claims is not well founded for the reasons expressed by the
appellant in the Reply Brief. Regarding the specific concern
expressed by the examiner of disposing 15 micron size
particles in the 3 micron size gap shown in Figure 3(A) of the
appellant's drawing, we consider the explanation proffered in
the Reply Brief to be rational and consistent with the
appellant's desire to obtain effective electrical contact.
More significantly, the examiner has provided no probative
evidence in support of his refusal to believe and accept this
explanation. In light of his failure to provide such
probative evidence, it is appropriate to regard the examiner
as having failed to carry his initial burden of doubting the
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