Appeal No. 2005-1472 Page 3
Application No. 09/750,984
Freedman 5,876,816 Mar. 02, 1999
Allegre FR 2 749 316 Dec. 05, 19971
Claims 1-9 and 11-13 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over alleged admissions at page 3, lines
10-17 and page 6, lines 9-12 of appellants’ specification with or
without the additional teachings of Allegre. Claim 10 stands
rejected under 35 U.S.C. § 103(a) as being unpatentable over
Freedman taken in view of the alleged admissions at page 3, lines
10-17 of appellants’ specification.
We refer to the brief and to the answer for a complete
exposition of the opposing viewpoints expressed by appellants and
the examiner concerning the issues before us on this appeal.
OPINION
Upon careful review of the entire record including the
respective positions advanced by appellants and the examiner with
respect to the rejections before us, we find ourselves in
agreement with appellants’ viewpoint since the examiner has
failed to carry the burden of establishing that the claimed
1 Our references to Allegre in this decision are to the
English language translation of the French patent publication by
the Ralph McElroy Translation Company dated May 2003 that is of
record in the electronic image file wrapper record.
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