Ex parte CAREY et al. - Page 5




         Appeal No. 1997-3868                                      Page 5          
         Application No. 08/538,838                                                


              Upon careful review of the entire record including the               
         respective positions advanced by appellants and the examiner,             
         we find ourselves in agreement with appellants that the                   
         examiner has failed to carry the burden of establishing a                 
         prima facie case of obviousness with respect to the grounds of            
         rejection set forth in the answer.  See In re Oetiker, 977                
         F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992); In re             
         Piasecki, 745 F.2d 1468, 1471-1472, 223 USPQ 785, 787-788                 
         (Fed. Cir. 1984).  Accordingly, we will not sustain any of the            
         examiner’s stated rejections.                                             
              All of the claims on appeal are directed to a lamination             
         process which includes the steps of: (1) forming fluoropolymer            
         laminates that are each composed of a fluoropolymer material,             
         an adhesive material and a release material and (2) laminating            
         a device, such as an array of electrically connected solar                
         cells,  to a pair of such fluoropolymer laminates to secure a             
         fluoropolymer laminate on opposite sides of the device after              
         removing the release material (liner) from each fluoropolymer             
         laminate on that side.                                                    
              As explained by the examiner (answer, page 5), Watkin                
         discloses a process for the lamination of a plastic material,             







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