Appeal No. 1998-0660
Application No. 08/584,501
§ 103 as being unpatentable over APA in view of Maeda and
Gordon. Rather than reiterate the arguments of
Appellants and the Examiner, reference is made to the brief
and answer for the respective details thereof.
OPINION
After a careful review of the evidence before us, we will
not sustain the rejection of claims 1 through 11 under 35
U.S.C. § 103.
The Examiner has failed to set forth a prima facie case.
It is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
invention by the reasonable teachings or suggestions found in
the prior art, or by a reasonable inference to the artisan
contained in such teachings or suggestions. In re Sernaker,
702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983).
"Additionally, when determining obviousness, the claimed
invention should be considered as a whole; there is no legally
recognizable 'heart' of the invention." Para-Ordnance Mfg. v.
SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237,
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