Ex parte MIYATA - Page 11




          Appeal No. 1999-2640                                                         
          Application 08/918,267                                                       

               We find nothing in Thier that would cure the significant                
          deficiencies of Kato and Foley.                                              
               In summary, we conclude that the Examiner has failed to                 
          establish a prima facie case of obviousness.  The rejection of               
          claims 1, 2, 4-6, 8, 9, and 11-13 is reversed.                               
                                       REVERSED                                        






                         JAMES D. THOMAS                     )                         
                         Administrative       Patent Judge   )                         
                                                        )                              
                                                        )                              
                                                        )                              
                                                        )  BOARD OF PATENT             
                         ERROL A. KRASS                 )     APPEALS                  
                         Administrative Patent Judge    )       AND                    
                                                        )   INTERFERENCES              
                                                        )                              
                                                        )                              
                                                        )                              
                         LEE E. BARRETT                 )                              
                         Administrative Patent Judge    )                              








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