Appeal No. 1996-4148
Application No. 08/327,085
OPINION
We will not sustain the rejections of claims 1-20 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 express teachings or suggestions found
in the prior art, or by implications 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, 1239 (Fed. Cir. 1995), cert. denied, 117
S.Ct. 80 (1996)
5
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