Ex Parte KISHIDA et al - Page 7

               Appeal No. 2003-0502                                                                                                  
               Application No. 09/280,955                                                                                            


                       The examiner has failed to establish a prima facie case of obviousness and has                                
               not even made any credible responses to counter the many arguments of appellants.                                     
               Accordingly, we will not sustain the rejection of claims 1-4 under 35 U.S.C. § 103.                                   
                       The examiner’s decision is reversed.                                                                          
                                                           REVERSED                                                                  





                               KENNETH W. HAIRSTON    )                                                                              
                               Administrative Patent Judge )                                                                         
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                                                              )   BOARD OF PATENT                                                    
                               ERROL A. KRASS                )     APPEALS AND                                                       
                               Administrative Patent Judge )    INTERFERENCES                                                        
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                               JERRY SMITH                    )                                                                      
                               Administrative Patent Judge )                                                                         


               eak/vsh                                                                                                               








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