Ex Parte MERTEN et al - Page 6




               Appeal No. 2000-2129                                                                                                    
               Application No. 09/090,583                                                                                              


                       For these reasons, the examiner has not established a prima facie case of obviousness of the                    
               claimed subject matter as a whole, and it is unnecessary to consider appellants’ evidence of                            
               nonobviousness (i.e, the above noted declaration filed December 13, 1999).                                              
                       The rejection of claims 6-10 as being unpatentable over Grundken in view of Braun is not                        
               sustained.                                                                                                              






















                       The decision of the examiner is reversed.                                                                       


                                                              REVERSED                                                                 
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