Ex Parte HIRAI - Page 3




              Appeal No. 2000-2177                                                                         3               
              Application No. 08/912,229                                                                                   



                     and X indicates an oxygen atom or a hydroxyl group and said aromatic or non-                          
                     aromatic ring may have substituents R3, R4, R5 and R6 wherein each represents a                       
                     hydrogen atom, an alkyl group, an hydroxyl group, an alkoxy group, a carboxyl                         
                     group, an alkoxy carbonyl group, a acyl group, a nitro group, a cyano group, an                       
                     amino group, or a halogen atom.                                                                       

                                            THE REFERENCE OF RECORD                                                        
              As evidence of obviousness, the examiner relies upon the following reference:                                
              Ishii et al. (Ishii)                                  08-38909                                 Feb. 13, 1996 
              (published Japanese Patent Application)                                                                      
                                                   THE REJECTION                                                           
              Claims 1 through 20 stand rejected under 35 U.S.C. § 103(a) as being                                         
              unpatentable over Ishii.1                                                                                    

                                                     OPINION                                                               

              We have carefully considered all of the arguments advanced by the appellant and                              
              the examiner, and agree with the appellant that the rejection of claims 1 through 20 over                    
              Ishii is not well founded.  Accordingly, we reverse this rejection.                                          
                                          The Rejection Under Section 103(a)                                               

               "[T]he examiner bears the initial burden, on review of the prior art or on any other                        
              ground, of presenting a prima facie case of unpatentability."  See In re Oetiker, 977 F.2d                   
              1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).  The examiner relies upon a                               

                     1We rely on the English language translation of record.                                               





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