Ex Parte BUHLER - Page 9

          Appeal No. 2001-0600                                                        
          Application No. 08/584,776                                                  


              Having concluded that the examiner has failed to establish a            
         prima facie case of obviousness, we need not consider appellant’s            
         evidence of unexpected results (see Appeal brief, page 17).                  







                                      REVERSED                                        







                   WILLIAM F. SMITH            )                                      
                   Administrative Patent Judge )                                      
                                                 )                                    
                                                 )                                    
                                                 )   BOARD OF PATENT                  
                   EDWARD C. KIMLIN            )     APPEALS AND                      
                   Administrative Patent Judge )    INTERFERENCES                     
                                                 )                                    
                                                 )                                    
                                                 )                                    
                   LINDA R. POTEATE         )                                         
                   Administrative Patent Judge )                                      


         vsh                                                                          





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