Ex Parte LEMELSON - Page 9



          Appeal No. 2003-0545                                       Page 9           
          Application No. 08/436,096                                                  

          721 F.2d at 1551, 1553, 220 USPQ at 311, 312-13 (Fed. Cir. 1983).           
          From all of the above, we find that the examiner has failed to              
          establish a prima facie case of obviousness of claims 1, 4-8, and           
          15-20.  Accordingly, the rejection of claims 1, 4-8, and 15-20              
          under 35 U.S.C. § 103(a) is reversed.                                       
               We turn next to the rejection of claims 10, 13, and 14 under           
          35 U.S.C. § 103(a) as unpatentable over Snowden in view of                  
          Sakurai and further in view of Middleton.  We reverse the                   
          rejection of claims 10, 13, and 14 because Middleton does not               
          make up for the deficiencies of the basic combination of Snowden            
          and Sakurai.                                                                
               We turn next to the rejection of claim 11 under 35 U.S.C.              
          § 103(a) as unpatentable over Snowden in view of Sakurai and                
          further in view of Jin.  We reverse the rejection of claim 11 as            
          Jin does not make up for the basic deficiencies of Snowden and              
          Sakurai.  Accordingly, the rejection of claim 11 under 35 U.S.C.            
          § 103(a) is reversed.                                                       












Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007