Appeal No. 97-2715
Application No. 08/306,797
(de Rocheprise)
THE REJECTION
Claims 1-7 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kostner in view of de Rocheprise.2
The statement of the rejection can be found in Paper No.
12 (the final rejection), with further explanation being
provided in the Examiner's Answer.
The opposing viewpoints of the appellants are set forth
in the Brief and the Reply Brief.
OPINION
The Examiner’s Rejections
In rejecting claims under 35 U.S.C. § 103, the examiner
bears the initial burden of presenting a prima facie case of
obviousness (In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d
1955, 1956 (Fed. Cir. 1993)), which is established when the
teachings of the prior art itself would appear to have
suggested the claimed subject matter to one of ordinary skill
2This is expressed in two separate rejections in the
Examiner’s Answer, one directed to claims 1-6 and the other to
claim 7.
3
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