Appeal No. 2001-1008
Application No. 08/971,097
Claim 13 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Wolfe, Nishimura and Bishop.
Rather than repeat the arguments of Appellant or the
Examiner, we make reference to the brief and answer for the
respective details thereof.
OPINION
With full consideration being given the subject matter on
appeal, the Examiner's rejection and the arguments of Appellant
and the Examiner, for the reasons stated infra, we reverse the
Examiner's rejection of claims 1 through 13 under 35 U.S.C.
§ 103.
We first will address the rejection of claims 1 through 3
and 7 through 12 under 35 U.S.C. § 103 as being unpatentable over
Wolfe and Nishimura. In rejecting claims under 35 U.S.C. § 103,
the Examiner bears the initial burden of establishing a prima
facie case of obviousness. In re Oetiker, 977 F.2d 1443, 1445,
24 USPQ2d 1443, 1444 (Fed. Cir. 1992). See also In re Piasecki,
745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984). The
Examiner can satisfy this burden by showing that some objective
teaching in the prior art or knowledge generally available to one
of ordinary skill in the art suggests the claimed subject matter.
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