Ex parte LIN et al. - Page 12




                  Appeal No. 1997-4138                                                                                                                    
                  Application No. 08/384,681                                                                                                              




                                                                  CONCLUSION                                                                              

                           The examiner's rejections of claims 27 - 44, 46 - 52, and 54 - 63  under 35 U.S.C. §                                           
                  103 as obvious over Fish alone or over the combined teachings of Fish, Gordon, Wada                                                     
                  and Towbin are reversed.  Having determined that the examiner failed to establish a prima                                               
                  facie case of obviousness as to the claimed subject matter, we have not found it necessary                                              
                  to considered the declaration evidence provided by appellants.                                                                          
                                                               REVERSED                                                                                   




                                                      SHERMAN D. WINTERS                           )                                                      
                                                      Administrative Patent Judge                  )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                                      DOUGLAS W. ROBINSON)     APPEALS                                                                    
                                                      Administrative Patent Judge                  )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                      ERIC GRIMES                                  )                                                      
                                                      Administrative Patent Judge                  )                                                      





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