Appeal No. 2001-0027
Application 09/110,397
by the Examiner and Appellant regarding the above-noted
rejections, we make reference to the answer (Paper No. 22,
mailed February 23, 2000) for the Examiner’s complete
reasoning in support of the rejections, and to the brief
(Paper No. 21, filed January 28, 2000) and the reply brief
(Paper No. 24, filed April 24, 2000) for Appellant’s arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to Appellant’s specification and claims,
to the applied prior art references, and to the respective
positions articulated by Appellant and the Examiner. After
careful review of the evidence before us, it is our conclusion
that the evidence provided by the Examiner is insufficient to
establish a prima facie case of obviousness. Accordingly, we
will not sustain the
Examiner’s rejection of claims 5, 7 through 9, 11, 12, 14, 16
and 17 under 35 U.S.C. § 103.
With respect to claims 5 and 14, Appellant argues that
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