Appeal No. 2004-1800
Application No. 10/100,522
CITED PRIOR ART
As evidence of unpatentability, the Examiner relies on the following
references:
Butter 4,044,065 Aug. 23, 1977
Ladwig et al. (Ladwig) 6,069,287 May 30, 2000
THE REJECTIONS
The Examiner rejected claims 1 and 4 under 35 U.S.C. § 102(b) as
anticipated or in the alternative under 35 U.S.C. § 103(a) as unpatentable over
Butter; claims 2, 3, 6-15 and 18 under 35 U.S.C. § 103(a) as obvious over Butter;
and claims 5, 16 and 17 under 35 U.S.C. § 103(a) as obvious over the combination
of Butter and Ladwig. (Answer, pp. 3-5).
DISCUSSION
Upon careful review of the respective positions advanced by Appellants and
the Examiner, we find that the Examiner has failed to carry the burden of
establishing a prima facie case of anticipation or obviousness. Consequently, we
will not affirm the rejections of the claims under §§ 102 and 103. Rather than
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