Ex parte KAPPLER et al. - Page 1






                                        The opinion in support of the decision being entered today                                         
                                   was not written for publication and is not binding precedent of                                         
                                   the Board.                                                                                              
                                                                                                  Paper No. 24                             

                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                           _______________                                                                 

                                           BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                       AND INTERFERENCES                                                                   
                                                           _______________                                                                 

                                                   Ex parte PATRICK KAPPLER,                                                               
                                          JEAN L. PERILLON and CATHERINE SAVARY                                                            
                                                           ______________                                                                  

                                                         Appeal No. 1998-3162                                                              
                                                         Application 08/453,149                                                            
                                                           _______________                                                                 

                                                      HEARD:  November 7, 2001                                                             
                                                           _______________                                                                 

                Before WARREN, KRATZ and PAWLIKOWSKI, Administrative Patent Judges.                                                        

                WARREN, Administrative Patent Judge.                                                                                       
                                                   Decision on Appeal and Opinion                                                          
                        We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the                        
                opposing views of the examiner, in the answer, and appellants, in the brief,1 and based on our review,                     
                find that we cannot sustain either of the rejections of appealed claims 1, 2, 5 through 7 and 10 through                   
                12,2 under 35 U.S.C. § 103 as being unpatentable over Mohri et al. (Mohri).3  We agree with                                
                appellants that the examiner has failed to make out a prima facie case of obviousness.                                     
                                                                                                                                           
                1  We have considered the brief filed November 17, 2001 (Paper No. 17).                                                    
                2  See the amendments of July 23, 1996 (Paper No. 9), and specification, pages 28-30. Claims 3 and 4                       
                are also of record and have been withdrawn by the examiner under 37 CFR § 1.142(b).                                        
                3  Answer, pages 3-5.                                                                                                      

                                                               - 1 -                                                                       



Page:  1  2  3  4  5  Next 

Last modified: November 3, 2007