Appeal No. 1997-4140 Page 6
Application No. 08/279,628
(CCPA 1976)). If the examiner fails to establish a
prima facie case, the rejection is improper and will
be overturned. In re Fine, 837 F.2d 1071, 1074, 5
USPQ2d 1596, 1598 (Fed. Cir. 1988).
With these in mind, we analyze the examiner’s rejection.
The examiner summarizes his rejection as follows.
Since both Kajitani and Yuen et al disclose and
teach the use of recording calendars to perform a
method of control [sic] a VCR to record a selected
television program of a channel at predetermined
time , it would have been obvious to one of ordinary
skill in the art to combine Kajitani's calendar with
Yuen et al's [sic] calendar by rearranging and
printing the first set of bar codes and second set
of bar codes and descriptors so that the
descriptors at locations associated with the bar
codes to produce a calendar of grid of the claimed
invention. (Examiner’s Answer at 7-8 (extra spaces
in original).)
The appellant argues, “A Yuen/Kajitani combination would not
produce a comprehensive, integrated grid of program
descriptors directly referencing associated bar codes ....”
(Appeal Br. at 5.)
Claims 27 and 28 each specify in pertinent part the
following limitations:
a television calendar having a rectangular grid of
cells arranged in horizontal rows and vertical
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