Ex parte BHANDARKAR et al. - Page 7




          Appeal No. 1999-2158                                                        
          Application No. 08/971,460                                                  

               For the foregoing reasons and those set forth in the                   
          Brief, we determine that the examiner has failed to present a               
          prima facie case of obviousness based on the reference                      
          evidence.  Accordingly, the examiner’s rejection of claims 1,               
          2 and 5 through 11 under 35 U.S.C. § 103(a) over the “prior                 
          art teaching” in view of Fischer is reversed.                               
               The decision of the examiner is reversed.                              
          REVERSED                                                                    


                                                       )                              
                         CHARLES F. WARREN             )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )  BOARD OF PATENT             
                         THOMAS A. WALTZ               )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         ROMULO H. DELMENDO            )                              
                         Administrative Patent Judge   )                              
          TAW:hh                                                                      








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