Appeal No. 2005-1098
Application No. 10/319,149
Therefore, the citation of Rhodes does not cure the deficiencies
discussed above. Accordingly, we determine that the examiner has
also not established a prima facie case of obviousness with
regard to the rejection of claims 10 and 11.
The rejection of claims 1, 2, 8 and 9 under 35 U.S.C. §
103(a) over Kao in view of Pernyeszi is reversed. The rejection
of claims 10 and 11 under 35 U.S.C. § 103(a) over Kao in view of
Pernyeszi and Rhodes is reversed.
The decision of the examiner is reversed.
REVERSED
Charles F. Warren )
Administrative Patent Judge )
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)
) BOARD OF PATENT
Terry J. Owens ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
)
Thomas A. Waltz )
Administrative Patent Judge )
TAW/cam
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