Appeal No. 2000-1962
Application No. 08/697,421
Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the Briefs1 and Answer for the
respective details.
OPINION
We have carefully considered the subject matter on appeal, the
rejection advanced by the Examiner, the arguments in support of the
rejection and the evidence of obviousness relied upon by the
Examiner as support for the rejection. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
Appellants’ arguments set forth in the Briefs along with the
Examiner’s rationale in support of the rejection and arguments in
rebuttal set forth in the Examiner’s Answer.
It is our view, after consideration of the record before us,
that the Examiner has not established a prima facie case of
obviousness with respect to claims 1-23, 25-27, and 29-31.
Accordingly, we reverse.
We also use our authority under 37 CFR § 1.196(b) to enter a
new ground of rejection of claims 1. The basis for these
conclusions will be set forth in detail below.
1 The Appeal Brief was filed April 19, 2000 (Paper No. 23). In response
to the Examiner’s Answer dated July 19, 2000 (Paper No. 24), a Reply Brief was
filed September 21, 2000 (Paper No. 25), which was acknowledged and entered by
the Examiner in the communication dated January 31, 2001 (Paper No. 27).
3
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