Appeal No. 1997-3416 Page 8
Application No. 08/339,340
the record of this appeal, it is our view that the examiner
has not carried the burden of establishing a prima facie case
of obviousness with respect to the subject matter defined by
the appealed claims.
CONCLUSION
The decision of the examiner to reject claim 16 under
35 U.S.C. § 103 as being unpatentable over BP '830 in view of
Hashimoto and Matsumoto is reversed.
REVERSED
CHARLES F. WARREN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
THOMAS A. WALTZ ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
PETER F. KRATZ )
Administrative Patent Judge )
PFK/sld
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