Ex parte HARVEY - Page 3




          Appeal No. 2000-0759                                                        
          Application No. 08/772,198                                                  


          to                                                                          


          arguments, and to appellant's brief (Paper No. 14, filed                    
          August 16, 1999) for the arguments thereagainst.                            


          OPINION                                                                     


          Having carefully reviewed and evaluated the obviousness                     
          issues raised in this appeal in light of the record before us,              
          we have come to the conclusion, for the reasons which follow,               
          that the examiner's rejection of the appealed claims under 35               
          U.S.C.                                                                      
          § 103 will not be sustained.                                                


          The law followed by our Court of review, and thus by this                   
          Board, is that "[a] prima facie case of obviousness is                      
          established when the teachings from the prior art itself would              
          appear to have suggested the claimed subject matter to a                    
          person of ordinary skill in the art."  In re Rinehart, 531                  
          F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA 1976).  See also, In               
          re Lalu, 747 F.2d 703, 705, 223 USPQ 1257, 1258 (Fed. Cir.                  
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