Appeal No. 1998-0529
Application No. 07/961,076
claimed. Where the examiner fails to establish a prima facie case, the rejection is
improper and will be overturned. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598
(Fed. Cir.1988). Therefore, the rejection of claims 1 - 20 under 35 U.S.C. § 103, as
unpatentable over Gokhale, Wong, Ichikawa (I) and Ichikawa (II) is reversed.
Summary
To summarize, the examiner's rejection of claims 1 - 20 under 35 U.S.C. § 103 is
reversed.
REVERSED
Douglas W. Robinson )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
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