Ex parte SIMMLER et al. - Page 5

              Appeal No. 1998-1754                                                                                         
              Application 08/555,918                                                                                       



                     Accordingly, the examiner has failed to make a prima facie case of obviousness.                       
                     We need not consider the tertiary references of Keskkula, Hadgraft, and Kunishige                     
              because these references were not relied upon by the examiner to cure the                                    
              aforementioned deficiencies of the combination of Henry in view of Dales.  The rejections                    
              of the dependent claims cannot be sustained because of the aforementioned deficiencies.                      

                                                      REVERSED                                                             




                                    Bradley R. Garris                         )                                           
                                    Administrative Patent Judge                )                                           
                                                                               )                                           
                                                                               )                                           
                                                                               ) BOARD OF PATENT                           
                                    Thomas A. Waltz                           )                                           
                                    Administrative Patent Judge                )   APPEALS AND                             
                                                                               )                                           
                                                                               ) INTERFERENCES                             
                                                                               )                                           
                                    Beverly Pawlikowski                 )                                                  
                                    Administrative Patent Judge                )                                           




              BAP/cam                                                                                                      






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