Ex Parte Lucarelli et al - Page 5

          Appeal No. 2005-1245                                                        
          Application No. 09/839,762                                                  
          evidence (see the Answer in its entirety).                                  
               For the foregoing reasons and those stated in the Brief, we            
          determine that the examiner has failed to meet the initial burden           
          of establishing a prima facie case of obviousness.  Therefore we            
          cannot sustain the examiner’s rejection of the claims on appeal             
          under 35 U.S.C. § 103(a) over GB ‘527 in view of GB ‘915.                   
               The decision of the examiner is reversed.                              
          REVERSED                                                                    


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         THOMAS A. WALTZ               )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         BEVERLY A. PAWLIKOWSKI        )                              
                         Administrative Patent Judge   )                              
          TAW/vsh                                                                     



          unknown, cited in appellants’ parent application (now U.S. Patent No.       
          6,228,927 B1), which teaches fumed silica agglomerates of up to 44          
          microns (page 3).                                                           
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