Appeal No. 2003-2102 Page 10
Application No. 09/254,723
From all of the above, we find that the examiner has failed
to establish a prima facie case of obviousness of claim 1.
Accordingly, the rejection of claim 1, and claims 2 and 3,
dependent therefrom, is therefore reversed.
CONCLUSION
To summarize, the decision of the examiner to reject claims
1-3 under 35 U.S.C. § 103(a) is reversed.
REVERSED
JOHN C. MARTIN )
Administrative Patent Judge )
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) BOARD OF PATENT
JOSEPH F. RUGGIERO ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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STUART S. LEVY )
Administrative Patent Judge )
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