Ex Parte FEINSTEIN 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 16                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                 Ex parte ALLEN I. FEINSTEIN,                                                         
                                          RUTH ANN DOYLE and CALVIN T. CHEW                                                           
                                                         ______________                                                               
                                                      Appeal No. 2000-0674                                                            
                                                      Application 08/867,511                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, KRATZ and TIMM, 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, and reply brief,                      
               and based on our review, find that we cannot sustain the rejections of appealed claims 2, 4                            
               through 7, 19 through 30 and 39 through 41,1 all of the claims in the application, under 35 U.S.C.                     
               § 103 as being unpatentable over LaPierre et al. (LaPierre) taken in view of Reichmann,2                               
                       In order to establish a prima facie case of obviousness, the examiner must show that some                      
               objective teaching, suggestion or motivation in the applied prior art taken as a whole and/or                          
               knowledge generally available to one of ordinary skill in this art would have led that person to                       
                                                                                                                                     
               1  See specification, pages 19-24, and the amendments of March 8, 1999 (Paper No. 9).                                  


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