Appeal No. 97-2476 Page 4
Application No. 07/696,079
us, it is our view that the evidence relied on and the level
of skill in the art would not have suggested to one of
ordinary skill in the art the invention of claims 7 and 8.
Accordingly, we reverse.
In rejecting claims under 35 U.S.C. § 103, the patent
examiner bears the initial burden of establishing a prima
facie case of obviousness. A prima facie case of obviousness
is established when the teachings from the prior art itself
would appear to have suggested the claimed subject matter to a
person having ordinary skill in the art. If the examiner
fails to establish a prima facie case, an obviousness
rejection is improper and will be overturned. In re
Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.
1993). It is against this background that we consider the
examiner’s rejection.
In rejecting claims 7 and 8, the examiner observes that
Artz teaches a data link between an air traffic controller and
an aircraft. The controller employs a ground-based computer
to send flight instructions to the aircraft. The examiner
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