Ex Parte Armington et al - Page 4




              Appeal No. 2004-0116                                                               Page 4                
              Application No. 09/966,307                                                                               


              the examiner's rejection of claims 160 to 173 and 194 to 204 under 35 U.S.C. § 103.                      
              Our reasoning for this determination follows.                                                            


                     In rejecting claims under 35 U.S.C. § 103, the examiner bears the initial burden                  
              of presenting a prima facie case of obviousness.  See In re Rijckaert, 9 F.3d 1531,                      
              1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993).  A prima facie case of obviousness is                       
              established by presenting evidence that would have led one of ordinary skill in the art to               
              combine the relevant teachings of the references to arrive at the claimed invention.                     
              See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988) and In re                      
              Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).                                             


                     Claim 160, the only independent claim on appeal, reads as follows:                                
                            A packaging system, comprising:                                                            
                            a packaging material supply device for supplying a packaging material;                     
                            a packaging system controller in communication with the packaging                          
                     material supply device, the packaging system controller including a memory                        
                     having packaging instructions related to at least one part to be packaged, the                    
                     packaging instructions including at least one instruction for directing the                       
                     packaging material supply device to provide packaging material for the at least                   
                     one part to be packaged; and                                                                      
                            an output device connected to the controller to provide at least one of an                 
                     audible and a visual output of at least one of the packaging instructions in                      
                     coordinated sequence with the at least one of the packaging instructions for                      
                     directing the packaging material supply device.                                                   










Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007