Appeal No. 1998-2017
Application No. 08/802,216
Yokota et al. (Yokota) 5,452,279 Sep. 19, 1995
(filed Mar. 19, 1993)
PCT Publication WO 93/20647 (Moss), published Oct. 14, 1993
Claims 13-24 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Bar in view of Yokota and Moss.
We refer to the Final Rejection (Paper No. 18) and the Examiner's Answer (Paper
No. 28) for a statement of the examiner's position and to the Brief (Paper No. 27) and the
Reply Brief (Paper No. 31) for appellants’ position with respect to the claims which stand
rejected.
OPINION
The examiner bears the initial burden of presenting a prima facie case of
unpatentability. If that burden is met, the burden of coming forward with evidence or
argument shifts to the applicant. After evidence or argument is submitted by the applicant
in response, patentability is determined on the totality of the record, by a preponderance of
evidence with due consideration to persuasiveness of argument. In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
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