Appeal No. 1996-1699
Application No. 08/077,681
our conclusion that the evidence adduced by the examiner is
insufficient to establish a case of obviousness with respect
to claims 1 through 5. Accordingly, we will not sustain the
examiner's rejection of claims 1 through 5 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). A prima facie case of
obviousness
is established by presenting evidence that the reference
teachings would appear to be sufficient for one of ordinary
skill in the relevant art having the references before him to
make the proposed combination or other modification. See In
re Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA
1972). Furthermore, the conclusion that the claimed subject
matter is prima facie obvious must be supported by evidence,
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