Appeal No. 1999-2148 Page 3
Application No. 08/864,947
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellants regarding the above-noted
rejection, we make reference to the answer (Paper No. 34,
mailed December 21, 1998) for the examiner's complete
reasoning in support of the rejection, and to the brief (Paper
No. 33, filed December 3, 1998) and reply brief (Paper No. 35,
filed February 22, 1999) for the appellants' arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants' specification and
claims, to the applied prior art, and to the respective
positions articulated by the appellants and the examiner.
Upon evaluation of all the evidence before us, it is our
conclusion that the evidence adduced by the examiner is
insufficient to establish a prima facie case of obviousness
with respect to the claims under appeal. Accordingly, we will
not sustain the examiner's rejection of claims 2, 4 and 5
under 35 U.S.C. § 103. Our reasoning for this determination follows.
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