Appeal No. 2003-0223 Page 5
Application No. 09/777,647
(pages 6 and 7) and the Reply Brief (pages 3-7). Therefore, the examiner clearly has
not met the burden of establishing a prima facie case of obviousness with regard to the
subject matter recited in claim 5. This being the case, the rejection is fatally defective,
and we will not sustain it.
CONCLUSION
The rejection is not sustained.
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