Appeal No. 2006-0845 6
Application No. 10/113,524
In light of the foregoing, we agree with appellant that the
examiner has failed to meet his burden of establishing a prima
facie case of obviousness. For that reason, we refuse to sustain
the examiner’s rejection of claims 1 through 4 under 35 U.S.C.
§ 103(a). Accordingly, the decision of the examiner is reversed.
REVERSED
CHARLES E. FRANKFORT )
Administrative Patent Judge )
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)
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) BOARD OF PATENT
TERRY J. OWENS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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ROBERT NAPPI )
Administrative Patent Judge )
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