Appeal No. 1996-3356
Application No. 08/235,668
"Mere denials and conclusory statements, however, are not sufficient to establish a
genuine issue of material fact." Dembiczak, 175 F.3d at 999, 50 USPQ2d at 1617, citing
McElmurry v. Arkansas Power & Light Co., 995 F.2d 1576, 1578, 27 USPQ2d 1129,
1131 (Fed. Cir. 1993). Therefore, the examiner has not set forth a prima facie case of
obviousness, and we cannot sustain the rejection of independent claim 1 and its
dependent claims.
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