Appeal 2007-2519
Application 10/616,208
For at least the aforementioned reasons, we agree with Appellant that
the Examiner has failed to meet the burden of presenting a prima facie case
of obviousness. Accordingly, we will reverse the Examiner’s rejection of
independent claims 1 and 10 as being unpatentable over Feyereisen in view
of Amro. Because we have reversed the Examiner’s rejection of each
independent claim, we will not sustain the Examiner’s rejection of any
dependent claims under appeal. Therefore, we also reverse the Examiner’s
rejection of dependent claims 2-9 and 11-19 as being unpatentable over
Feyereisen in view of Amro.
DECISION
In summary, we will not sustain the Examiner’s rejection of any
claims under appeal. Therefore, the decision of the Examiner rejecting
claims 1-19 is reversed.
REVERSED
pgc
Lance J. Lieberman, Esq.
Cohen, Pontani, Lieberman & Pavane
Suite 1210
551 Fifth Avenue
New York NY 10176
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