Appeal No. 1999-1604
Application 08/741,419
Answer , for the respective details thereof.2
OPINION
A. Rejection of claims 1-24 under 35 U.S.C. § 103 as
being unpatentable over Tonouchi when taken with Swanson
We will not sustain the rejection of claims 1-24 under
35 U.S.C. § 103 as unpatentable over Tonouchi when taken with
Swanson.
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).
Appellants assert that neither Tonouchi nor Swanson3
2Mailed November 23, 1998.
3Brief, pages 6, 10 and 11.
4
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