Ex Parte SCHEMMEL et al - Page 3



                    Appeal No. 2001-0953                                                                                                                                  
                    Application No. 08/923,651                                                                                                                            

                                                                           References                                                                                     

                             The references relied on by the Examiner are as follows:                                                                                     
                    Sandland et al.                                  4,618,938                                         Oct. 21, 1986                                      
                    (Sandland)                                                                                                                                            
                    Iwakiri et al.                                   5,537,325                                         Jul. 16, 1996                                      
                    (Iwakiri)                                                                                                                                             
                    Tanaka et al.                                    5,568,563                                         Oct. 22, 1996                                      
                    (Tanaka)                                                                                                                                              
                                                                  Rejections at Issue                                                                                     
                             Claims 1-12 stand rejected under 35 U.S.C. § 103 as being                                                                                    
                    unpatentable over Sandland, Tanaka and Iwakiri.                                                                                                       
                             Throughout our opinion, we make reference to the briefs1 and                                                                                 
                    answer.                                                                                                                                               
                                                                             OPINION                                                                                      
                             With full consideration being given to the subject matter on                                                                                 
                    appeal, the Examiner's rejection and arguments of Appellants and                                                                                      
                    the Examiner, for the reasons stated infra, we reverse the                                                                                            
                    Examiner's rejection of claims 1-12 under 35 U.S.C. § 103.                                                                                            
                             In rejecting claims under 35 U.S.C. § 103, the Examiner                                                                                      
                    bears the initial burden of establishing a prima facie case of                                                                                        

                             1                                                                                                                                            
                             1 Appellants filed an appeal brief on June 19, 2000.                                                                                         
                    Appellants filed a reply brief on August 17, 2000.  The Examiner                                                                                      
                    mailed an office communication on September 11, 2000, stating                                                                                         
                    that the reply brief has been entered and considered.                                                                                                 
                                                                                    33                                                                                    




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