Ex Parte KLEIN et al - Page 9

                  Appeal No. 2001-1650                                                                                       
                  Application No. 08/898,085                                                                                 

                         In sum, because the prior art applied by the examiner fails to provide a                            
                  motivation, teaching or suggestion for configuring the device as claimed, we find                          
                  that that examiner has not established a prima facie case of obviousness within                            
                  the meaning of 35 U.S.C. § 103.  We therefore reverse both of the obviousness                              
                  rejections.                                                                                                
                                                       REVERSED                                                              









                                        WILLIAM F. SMITH                     )                                               
                                        Administrative Patent Judge          )                                               
                                                                             )                                               
                                                                             )                                               
                                                                             ) BOARD OF PATENT                               
                                        TONI R. SCHEINER                     )                                               
                                        Administrative Patent Judge          )   APPEALS AND                                 
                                                                             )                                               
                                                                             ) INTERFERENCES                                 
                                                                             )                                               
                                        DEMETRA J. MILLS                     )                                               
                                        Administrative Patent Judge          )                                               










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