Ex Parte KUBODERA et al - Page 5



         Appeal No. 2001-2677                                                       
         Application No. 08/625,008                                                 

                   We further note the examiner's allegation that the               
         independent claims are silent with respect to critical                     
         limitations such as the binder chosen or the property and                  
         parameters used in the claimed sawing step.  We agree with                 
         appellants that the claims are merely broad in these respects,             
         and are not missing critical limitations.                                  
                   Inasmuch as the examiner has failed to provide a sound           
         evidentiary basis to undergird a prima facie case of obviousness           
         under § 103, the rejection of all claims on appeal is reversed.            
                                      REVERSED                                      


                        WILLIAM F. PATE III           )                             
                        Administrative Patent Judge   )                             
                                                      )                             
                                                      )                             
                                                      )                             
                                                      ) BOARD OF PATENT             
                        LAWRENCE J. STAAB             )     APPEALS                 
                        Administrative Patent Judge   )       AND                   
                                                      )  INTERFERENCES              
                                                      )                             
                                                      )                             
                                                      )                             
                        JEFFREY V. NASE               )                             
                        Administrative Patent Judge   )                             
         WFP:psb                                                                    

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