Appeal No. 1997-4434
Application No. 08/189,053
combined softening and adhesive properties” as required by
Columbus.
For the above reasons, we agree with appellants that the
examiner has not carried the burden of establishing a prima
facie case of obviousness within the meaning of 35 U.S.C. §
103. Having determined that no prima facie case is
established, we need not address the sufficiency of the
declarations of record. See In re Piasecki, 745 F.2d 1468,
1472, 223 USPQ 785, 788 (Fed. Cir. 1984); In re Rinehart, 531
F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).
In view of the forgoing, the decision of the examiner
rejecting claims 1, 3 through 6, 8, 13 through 15 and 17 under
35 U.S.C. § 103 is reversed.
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