Ex Parte Holcomb - Page 1






                                       The opinion in support of the decision being entered                                           
                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.                                                                            
                                                                                              Paper No. 16                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                 Ex parte JIMMY F. HOLCOMB                                                            
                                                         ______________                                                               
                                                      Appeal No. 2003-1645                                                            
                                                      Application 09/803,720                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before GARRIS, WARREN and OWENS, Administrative Patent Judges.                                                         
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellant, in the brief, and reply brief and                    
               based on our review, find that we cannot sustain the rejection of appealed claims 1 through 3,1 all                    
               of the claims in the application, under 35 U.S.C. § 103(a) as being unpatentable over Welch.2                          
                       We refer to the examiner’s answer and to appellant’s brief and reply brief for a complete                      
               exposition of the opposing positions advanced on appeal.                                                               
                       It is well settled that in order to establish a prima facie case of obviousness under                          
               § 103(a), the examiner must show that some objective teaching, suggestion or motivation in the                         

                                                                                                                                     
               1  See the appendix to the brief                                                                                       
               2  Answer, pages 3-4.                                                                                                  

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