Appeal No. 1997-2076
Application No. 08/175,718
(1988); Ashland Oil, Inc. v. Delta Resins & Refractories,
Inc.,
776 F.2d 281, 293, 227 USPQ 657, 664 (Fed. Cir. 1985), cert.
denied, 475 U.S. 1017 (1986); ACS Hospital Systems, Inc. v.
Montefiore Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933
(Fed.
Cir. 1984). These showings by the Examiner are an essential
part
of complying with the burden of presenting a prima facie case
of
obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d
1443, 1444 (Fed. Cir. 1992).
The Examiner has grouped all of the appealed claims
together in the 35 U.S.C. § 103 rejection and, as the basis
for the obviousness rejection, proposes to modify the vibrator
motor switch housing structure of Strohbeck by relying on
Spitler to supply the missing teaching of providing a common
housing incorporating a switch and a transformer. In the
Examiner’s view (Answer, page 3), the skilled artisan would
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