Appeal No. 1998-2116
Application 08/665,760
21, 1992
Laug et al. (Laug) 5,347,175 Sept. 13,
1994
(filed May 12,
1992)
Claim 48 stands rejected under 35 U.S.C. § 103 as
being unpatentable over Laug and Grundmann.
Rather than repeat the arguments of Appellants or
the Examiner, we make reference to the brief and the answer
for the details thereof.
OPINION
We will not sustain the rejection of claim 48 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
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