Appeal No. 2003-0423
Application No. 09/377,015
pages 4-5), and not for any teaching which remedies the above-
discussed deficiency in Kinuta.
For the above reasons we conclude that the examiner has not
carried the burden of establishing a prima facie case of
obviousness of the appellant’s claimed invention.
DECISION
The rejections of claims 1-21 and 23-29 under 35 U.S.C.
§ 112, first paragraph, written description requirement, and
claim 22 under 35 U.S.C. § 103 over Kinuta in view of Takada, are
reversed.
REVERSED
Charles E. Frankfort )
Administrative Patent Judge )
)
)
)
Terry J. Owens ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Jeffrey V. Nase )
Administrative Patent Judge )
TJO:tdl
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