Ex Parte KETTNER et al - Page 6




                    Appeal No. 2001-1350                                                                                                                                  
                    Application No. 09/188,766                                                                                                                            


                    combination of the APA and Isaji.  Thus, it is clear that the                                                                                         
                    examiner has not set forth a prima facie case of obviousness with                                                                                     
                    respect to dependent claim 4, and the rejection of that claim                                                                                         
                    under 35 U.S.C. § 103(a) will not be sustained.                                                                                                       


                    In view of the foregoing, the examiner's decision rejecting                                                                                           
                    claims 1 through 9 of the present patent application under                                                                                            
                    35 U.S.C. § 103(a) is reversed.                                                                                                                       


                                                                             REVERSED                                                                                     



                                                  NEAL E. ABRAMS                                             )                                                            
                                                  Administrative Patent Judge                                )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             ) BOARD OF PATENT                                            
                                                  CHARLES E. FRANKFORT                                       )     APPEALS                                                
                                                  Administrative Patent Judge                                )       AND                                                  
                                                                                                             )  INTERFERENCES                                             
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                  JOHN P. MCQUADE                                            )                                                            
                                                  Administrative Patent Judge                                )                                                            



                    CEF/lbg                                                                                                                                               

                                                                                    66                                                                                    





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007