Ex parte MEDFORD et al. - Page 10


                 Appeal No.  1997-4380                                                                                    
                 Application No.  08/147,878                                                                              
                         Therefore, on this record, we are constrained to reach the conclusion that the                   
                 examiner has failed to provide the evidence necessary to support a prima facie                           
                 case of obviousness.  Accordingly, we reverse the rejection of claims 1, 2, 15-17                        
                 and 34 under 35 U.S.C. § 103 as being unpatentable over Bielinska in view of                             
                 Iademarco.  We reverse the rejection of claims 1, 5, 15 and 16 under                                     
                 35 U.S.C. § 103 as being unpatentable over Bielinska in view of Degitz.  We                              
                 reverse the rejection of claims 1, 8, 15 and 16 under 35 U.S.C. § 103 as being                           
                 unpatentable over Bielinska in view of Montgomery.                                                       
                         This application, by virtue of its “special” status, requires an immediate                       
                 action.  MPEP § 708.01(D) (7th ed., rev. 1, February 2000).  It is important that the                    

                 Board be informed promptly of any action affecting the appeal in this case.                              



                                                      REVERSED                                                            


                                       Sherman D. Winters           )                                                     
                                       Administrative Patent Judge         )                                              
                                                                           )                                              
                                                                           )                                              
                                                                           ) BOARD OF PATENT                              
                                       Donald E. Adams                     )                                              
                                       Administrative Patent Judge         )   APPEALS AND                                
                                                                           )                                              
                                                                           ) INTERFERENCES                                
                                                                           )                                              
                                       Demetra J. Mills                   )                                              
                                       Administrative Patent Judge         )                                              


                 DA/dym                                                                                                   


                                                            10                                                            



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007