Appeal No. 1998-2945 Page 5
Application No. 08/624,734
that the evidence adduced by the examiner is insufficient to
establish a prima facie case of obviousness with respect to
the claims under appeal. Accordingly, we will not sustain the
examiner's rejection of claims 1, 4 through 7 and 12 through
15 under 35 U.S.C. § 103. Our reasoning for this
determination follows.
In rejecting claims under 35 U.S.C. § 103, the examiner
bears the initial burden of presenting a prima facie case of
obviousness. See In re Rijckaert, 9 F.3d 1531, 1532, 28
USPQ2d 1955, 1956 (Fed. Cir. 1993). The test for obviousness
is what the combined teachings of the references would have
suggested to one of ordinary skill in the art. See In re
Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir.
1991) and In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881
(CCPA 1981). Furthermore, the conclusion that the claimed
subject matter is obvious must be supported by evidence, as
shown by some objective teaching in the prior art or by
knowledge generally available to one of ordinary skill in the
art that would have led that individual to combine the
relevant teachings of the references to arrive at the claimed
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