Ex Parte AKASHI et al - Page 9




             Appeal No. 2001-1454                                                                                     
             Application No. 08/412,118                                                                               


             With respect to independent claim 19, appellants argue that the combination of                           
             Plummer and Fry ’848 does not teach or suggest the wire diameter configuration recited                   
             in claim 19.  They also argue that Fry ’428 does not overcome the deficiencies in the                    
             basic combination [brief, pages 14-15].                                                                  
             We do not sustain the examiner’s rejection of independent claim 19 because the                           
             examiner has failed to establish a prima facie case of obviousness for reasons                           
             discussed above.                                                                                         
             In summary, we have not sustained the examiner’s rejection of any of the                                 
             independent claims on appeal.  Since the rejection of the independent claims is                          
             unsupported by the applied prior art, and since the additionally applied references do                   
             not overcome the deficiencies discussed above, we also do not sustain the examiner’s                     

















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