Ex parte STARK et al. - Page 8




          Appeal No. 1998-2280                                                         
          Application No. 08/514,677                                                   


               For these reasons, we hold that the applied prior art                   
          reference does not establish a prima facie case of obviousness               
          against appealed independent claim 1 within the meaning of 35                
          U.S.C. § 103.  Since appealed claims 2 through 7 all directly                
          or indirectly depend from claim 1, it follows that the subject               
          matter of these dependent claims would also not have been                    
          prima facie obvious over the applied prior art references.  In               
          re Fine, 837 F.2d 1071, 1076, 5 USPQ2d 1596, 1600 (Fed. Cir.                 
          1988).                                                                       





               The decision of the examiner is reversed.                               
                                       REVERSED                                        











                         BRADLEY R. GARRIS              )                              
                                          8                                            





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

Last modified: November 3, 2007