Appeal No. 2005-0287 Page 3
Application No. 09/216,214
Watabe et al. (Watabe) 4,727,038 Feb. 23, 1988
Arai 5,841,174 Nov. 24, 1998
Claim 10 stands rejected under 35 U.S.C. § 112, first
paragraph as lacking written descriptive support in the
application, as filed. Claims 8-10, 12, 14, 16, 18, 20, 22, 24,
26 and 27 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Arai in view of Watabe.
We refer to the brief and reply briefs and to the answers
for a complete exposition of the opposing viewpoints expressed by
appellant and the examiner concerning the issues before us on
this appeal.
OPINION
Upon careful review of the respective positions advanced by
appellant and the examiner with respect to the rejections that
are before us for review, we find ourselves in agreement with
appellant’s viewpoint in that the examiner has failed to carry
the burden of establishing a prima facie case of lack of
descriptive support. See In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d 1443, 1444 (Fed. Cir. 1992); In re Piasecki, 745 F.2d
1468, 1471-1472, 223 USPQ 785, 787-788 (Fed. Cir. 1984).
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