Ex parte MORIMURA et al. - Page 8

          Appeal No. 1999-2760                                                        
          Application 08/773,304                                                      


          concluded that the examiner has not established a prima facie               
          case of obviousness.  Accordingly, consideration of the                     
          declaration (under 37 CFR 1.132) of Yasuhiro Morimura, filed                
          on March 10, 1998, is unnecessary.                                          
          Conclusion                                                                  
               The examiner’s decision to reject claims 1 to 3, 5 to 12               
          and 14 to 28 is reversed.                                                   
                                      REVERSED                                        






                         IAN A. CALVERT                     )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         IRWIN CHARLES COHEN                )                         
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         JOHN D. SMITH                 )                              
                         Administrative Patent Judge   )                              


          IAC:pgg                                                                     
          Sughrue Mion Zinn Macpeak & Seas                                            

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