Appeal No. 1997-2646
Application 08/103,089
Therefore, we find that 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 73 F.3d
at 1087, 37 USPQ2d at 1239; citing W. L. Gore 721 F.2d at
1548, 220 USPQ at 309.
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