Ex Parte Brown et al - Page 13




          Appeal No. 2004-0616                                                        
          Application 09/692,982                                                      


          For the reasons set forth above, we find that the examiner                  
          has not made out a prima facie case of obviousness, and for that            
          reason we will not sustain the examiner’s rejection of claims 1,            
          4 through 6, 8 through 11, 14 through 16 and 18 through 20 under            
          35 U.S.C. § 103(a) as being unpatentable over Reinke.                       


          Since we have not sustained any of the exami- ner’s                         
          rejections on appeal, it follows that the decision of the                   
          examiner rejecting claims 1, 4 through 6, 8 through 11, 14                  
          through 16 and 18 through 20 of the present application under               
          35 U.S.C. § 103(a) is reversed.                                             


                                      REVERSED                                        


                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge )                                
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         NEAL E. ABRAMS                )     APPEALS                  
                         Administrative Patent Judge )       AND                      
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         CHARLES E. FRANKFORT          )                              
                         Administrative Patent Judge )                                
          CEF:psb                                                                     

                                          13                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007