Appeal No. 2002-0189
Application No. 08/526,914
In summary, it is well settled that the examiner bears the
initial burden, on review of prior art or on any other ground, of
presenting a prima facie case of unpatentability. In re Oetiker,
977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). As
explained above, the examiner has failed to carry his initial
burden of establishing a prima facie case of unpatentability with
respect to each of the rejections advanced on this appeal. It
follows that none of these rejections can be sustained.
The decision of the examiner is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
BEVERLY A. PAWLIKOWSKI ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
)
LINDA R. POTEATE )
Administrative Patent Judge )
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