Appeal No. 2001-2235 Page 9
Application No. 08/699,660
the combination of prior art references or would have been obvious based on the knowledge of
those of ordinary skill in the art. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed.
Cir. 1988). The Examiner has not made such a showing in this case.
We conclude that the Examiner has failed to establish a prima facie case of obviousness
with respect to the subject matter of claims 20-23. Huges does not cure the deficiencies
discussed above. Therefore, the Examiner has failed to establish a prima facie case of
obviousness with respect to the subject matter of claims 24 and 25 as well.
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