Appeal No. 1998-0150
Application No. 08/435,224
Under these circumstances, we agree with appellants that
the examiner has not carried his burden of establishing a
prima facie case of obviousness regarding the claimed subject
matter under 35 U.S.C. § 103. Accordingly, on this record, we
are constrained to reverse the examiner’s decision rejecting
all of the appealed claims under 35 U.S.C. § 103 over the
applied prior art references.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
CHUNG K. PAK ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
)
CHARLES F. WARREN )
Administrative Patent Judge )
CKP:hh
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