Appeal No. 1997-2212 Page 4
Application No. 08/233,387
The reference relied on in rejecting the claims follows:
Robinson et al. 5,307,504 Apr. 26, 1994
(Robinson) (filing Mar. 7,
1991).
Claims 1-9 and 11-19 stand rejected under 35 U.S.C. § 103
as obvious over Robinson. Rather than repeat the arguments of
the appellants or examiner in toto, we refer the reader to the
briefs and answer for the respective details thereof.
OPINION
In reaching our decision in this appeal, we considered
the subject matter on appeal and the rejection advanced by
the examiner. Furthermore, we duly considered the arguments
and evidence of the appellants and examiner. After
considering the totality of the record, we are persuaded that
the examiner erred in rejecting claims 1-9 and 11-19.
Accordingly, we reverse.
We begin by noting the following principles from In re
Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.
1993).
In rejecting claims under 35 U.S.C. Section 103, the
examiner bears the initial burden of presenting a
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