Appeal No. 2002-2062 Page 3
Application No. 09/207,631
Tourniaire 2 564 728 May 24, 1984
(France)1
Claims 15-23 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Tourniaire in view of Degler and Brogan.
We refer to the brief and reply brief and to the answer for
a complete exposition of the opposing viewpoints expressed by
appellant and the examiner concerning the issues before us on
this appeal.
OPINION
Upon careful review of the entire record including the
respective positions advanced by appellants and the examiner, we
find ourselves in agreement with appellants in so far as the
examiner has failed to carry the burden of establishing a prima
facie case of obviousness. See In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992); In re Piasecki, 745
F.2d 1468, 1471-1472, 223 USPQ 785, 787-788 (Fed. Cir. 1984).
Accordingly, we will not sustain the examiner's rejection. Our
reasoning follows.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007