Appeal 2007-3964
Application 10/295,060
manner specific to the teachings of these two references (Answer 9 and 11-
12).
Accordingly, the Examiner has not carried the burden of establishing a
prima facie case of obviousness in the first instance of the claimed invention
encompassed by claim 9 over this combination of references, and thus, we
reverse this ground of rejection under 35 U.S.C. § 103(a). See, e.g., Oetiker,
977 F.2d at 1445, 24 USPQ2d at 1444; Piasecki, 745 F.2d at 1472, 223
USPQ at 788.
The Primary Examiner’s decision is reversed.
REVERSED
clj
GREGORY GARMONG
P.O. BOX 310
SMITH, NV 89430
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