Ex Parte VOGELEISEN - Page 3



          Appeal No. 2002-1328                                                        
          Application 08/970,883                                                      

          Claims 7 and 9 stand rejected under 35 U.S.C. § 103(a).                     
          As evidence of obviousness the examiner offers Kim in view of               
          Lewo and Nakajima.                                                          
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejection advanced by the examiner and the evidence             
          of obviousness relied upon by the examiner as support for the               
          rejection.  We have, likewise, reviewed and taken into                      
          consideration, in reaching our decision, the appellant’s                    
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejection and arguments in rebuttal             
          set forth in the examiner’s answer.                                         
          It is our view, after consideration of the record before                    
          us, that the evidence relied upon and the level of skill in the             
          particular art would not have suggested to one of ordinary skill            
          in the art the obviousness of the invention as set forth in                 
          claims 7 and 9.  Accordingly, we reverse.                                   
          In rejecting claims under 35 U.S.C. § 103, it is                            
          incumbent upon the examiner to establish a factual basis to                 
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