Ex parte MCCARTHY et al. - Page 3




          Appeal No. 97-3289                                                          
          Application 08/550,895                                                      




                                    THE REJECTION                                     
                    Claims 9-23 stand rejected under 35 U.S.C. § 103 as               
          being unpatentable over Nail in view of Walker, Brock and                   
          Fraige.                                                                     
                    The rejection is explained in the Examiner's Answer.              
                    The opposing viewpoints of the appellants are set                 
          forth in the Brief.                                                         





                                       OPINION                                        
                    The rejection before us is under 35 U.S.C. § 103,                 
          and therefore the examiner bears the initial burden of pre-                 
          senting a prima facie case of obviousness (see 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               




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